Copywriting advertising phrases Maine

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

Local Companies

Spence Communiucations
207-546-2596
P.O. Box 565
Milbridge, ME
Webster Peter B Atty
(207) 774-4000
1 Portland Sq
Portland, ME
McCue Carl Atty
(207) 862-5283
40 Western Ave
Hampden, ME
Dunitz Jonathan M Atty
(207) 761-0900
6 City Ctr
Portland, ME
Mawhinney Daniel R Atty
(207) 774-2500
3 Canal Plz
Portland, ME
Dinan Christopher C Atty
(207) 774-3906
95 Exchange St
Portland, ME
Blaisdell Lori A Atty
(207) 696-3344
160 Main St
Madison, ME
Spooner Joshua E Atty
(207) 761-8100
22 Free St
Portland, ME
Lynch Amanda B Atty
(207) 773-7455
93 Exchange St
Portland, ME
Fryer Gregory S Atty
(207) 774-4000
1 Portland Sq
Portland, ME

Provided By:

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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207-546-2596
P.O. Box 565
Milbridge, ME
Spence-Communications.com

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