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Copywriting advertising phrases Louisiana

This article discusses copywrite laws as they pertain to advertising slogans. The article talks about copywriting names, phrases, and slogans.

Local Companies

D'amour Chris A Atty
(504) 581-3234
701 Poydras St
New Orleans, LA
Mumfrey Matthew J Atty
(504) 596-2742
643 Magazine St
New Orleans, LA
Poche' Timothy J Atty
(225) 387-3221
451 Florida St
Baton Rouge, LA
Culp Glenn W Atty
(504) 736-1070
834 S Clearview Pkwy
Harahan, LA
Sher Leopold Z Atty
(504) 299-2101
909 Poydras St
New Orleans, LA
Sullivan Shelley L Atty
(504) 582-8712
201 Saint Charles Ave
New Orleans, LA
Berglund William H Atty
(504) 599-8222
1100 Poydras St Ste 3200
New Orleans, LA
Casey Margaret A Atty
(504) 836-2200
3850 N Causeway Blvd
Metairie, LA
Bice Jere Jay
(337) 439-5788
1830 Hodges St
Lake Charles, LA
Carlton Wayne H Jr Atty
(504) 586-1181
822 Camp St
New Orleans, LA
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QUESTION:

A competitor claims that it has applied for and received a copyright on its entire Internet newsletter. The text includes the phrase "You Can Do It!" We previously planned to use those same words, for the same promotional reasons. How can we discover whether the competitor has properly obtained a copyright? Is that phrase subject to copyright protection?

ANSWER:

Copyright protects an author's expression; trademark protects names, phrases, and slogans used to promote and identify goods and services in the marketplace. Your competitor may have registered the newsletter with the U.S. Copyright Office, but the copyright alone is not likely to protect the phrase "You Can Do It." Copyright law does not protect short phrases.

The phrase may be protected as a trademark if it qualifies for protection. This includes registration with the U.S. Patent and Trademark Office (USPTO). Assuming neither of you have registered the trademark, any dispute over the trademark rights would likely be resolved in favor of whoever used it first in commerce.

One problem. Some common slogans are not immediately registerable and the USPTO may require that you demonstrate that you meet certain standards before registration. For example, you may have to demonstrate widespread use of the slogan as a trademark or that consumers associate you with the slogan. We suggest that you search for the exact phrase on the Internet, as well as at the USPTO website (www.uspto.gov).


Author: Nolo Press

Copyright 2008 Nolo
For more information visit Nolo Press
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