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Re: Trademark of "phrases"
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Posted by M. Arthur Auslander on March 16, 2000 at 08:37:50:
In Reply to: Trademark of "phrases" posted by Susan on March 16, 2000 at 07:28:47:
: Is it true that a company can trademark a phrase, and keep similar companies from using variations on such phrase?
: For example, if a co. registers the phrase,"Never clean your Gutters Again" can they sue a competitor for using the phrase, "Never clean gutters again....guaranteed!"? And if so, how can others market their product, if that is the nature of the device being sold and it's main feature?
No. Slogans can be registered but they cannot take language out of the public domain. The trademark also only applies to a specific good or service.
The phrase you have suggested is on the edge it might be registerable. A competitor adding a word to a trademark is not going to get away free, ash you have shown it.
The law can be quirky but it is not crazy.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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