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Copywriting advertising phrases Missouri

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

Local Companies

Writers Place/Midwest Center for Literary Arts
(816) 363-4590
3607 Pennsylvania
Kansas City, MO

The Godfrey Method
(816) 886-7904
2104 N. Lazy Branch Rd
Independence, MO

Benne Christopher L Atty
(573) 635-9118
235 E High St
Jefferson City, MO

Umstattd-Cope Penny Atty
(417) 623-2865
418 N Wall Ave
Joplin, MO

O'donnell Thomas P Atty
(816) 753-1000
700 W 47th St
Kansas City, MO

Lynn Kelly D Atty
(816) 421-3355
120 W 12
Kansas City, MO

McLarney James H Atty
(816) 842-6100
2420 Pershing Rd
Kansas City, MO

Feutz-Harter Sheryl A Atty
(816) 421-3355
120 W 12th St
Kansas City, MO

Lipic Valerie G Atty
(314) 241-9090
10 S Broadway
Saint Louis, MO

Lear Bradford B Atty
(314) 241-9090
10 S Broadway
Saint Louis, MO

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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

Featured Local Company

Writers Place/Midwest Center for Literary Arts

8163634590
3607 Pennsylvania
Kansas City, MO

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Advertising	Family	Home Services	Real Estate Resources
Business Services	Fashion	Industrial Goods & Services	Retail & Consumer Services
Career	Financial Services	Insurance	Software
Cars	Food & Beverage	Internet	Technology
Computer Hardware	Franchise	Legal	Telecommunications
Construction	Health	Miscellaneous	Trade Shows
Education	Holidays	Nightlife	Travel
Entertainment	Home Appliances	Online Database	Weddings
Environmental	Home Electronics	Pets	World History