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Copywriting advertising phrases New York

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

Local Companies

Brian MacDonald, Editor
(716) 822-4055
741 Abbott Rd.
Buffalo, NY

D & R Technical Solutions, Inc
607-754-2200
28 Washington Ave.
Endicott, NY

Talking Phone Book, The
(800) 388-8255
1945 Sheridan Drive
Buffalo, NY

CopyGhost
518-269-7071
147 Winnie Ave.
Ravena, NY

WriteOn7 Communications
315-735-2925
4385 New Paris Road
New Hartford, NY

Laura Balcom
(716) 745-3696
913 Balmer Rd.
Youngstown, NY

KeenReader Inc.
718-544-0749
82-06 138th Street
Kew Gardens, NY

Ferguson Printing Inc
(716) 945-3011
20 River Street
Salamanca, NY

Goodspeed Sterling T Attorney At Law
(518) 251-2702
288 Main St
North Creek, NY

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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

Brian MacDonald, Editor

(716) 822-4055
741 Abbott Rd.
Buffalo, NY

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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