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Are slogans protected under trademark?
Aerosol Product Label and Product Description CopyingHow to establish a legal basis for exclusive use of names like ChampagneCompany name abbreviation matches UGGOpposing trademark registrationCan a company suddenly start to enforce a trademark after years of neglect?Could a third party revive a dead trademark if another company has unlawfully been using it?Is a modified version of a trademarked slogan considered infringement?Why register a logo as trademark if copyright protects it?Use of trademark in personal email aliasAre software licenses copyrighted?
A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
copyright trademark
edited Mar 8 at 19:08
feetwet♦
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
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bumped to the homepage by Community♦ 12 mins ago
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add a comment |
A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
copyright trademark
edited Mar 8 at 19:08
feetwet♦
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
bumped to the homepage by Community♦ 12 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
copyright trademark
edited Mar 8 at 19:08
feetwet♦
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
copyright trademark
copyright trademark
edited Mar 8 at 19:08
feetwet♦
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
edited Mar 8 at 19:08
feetwet♦
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
edited Mar 8 at 19:08
feetwet♦
14.8k94498
edited Mar 8 at 19:08
feetwet♦
14.8k94498
edited Mar 8 at 19:08
feetwet♦
14.8k94498
14.8k94498
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
asked Mar 8 at 14:25
Mario AsaroMario Asaro
1
1
bumped to the homepage by Community♦ 12 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
bumped to the homepage by Community♦ 12 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
add a comment |
1 Answer
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Slogans, titles, and other short phrases are generally not subject to copyright protection. They can be subject to trademark protection.
Trademark protection is limited in several ways. It is limited by industry. In this case, according to the question, the two companies are marketing the same sort of product, so the industry limitation would not apply. (A wine slogan might not be protected against use to promote a soda, and surely would not be protected against use to promote a computer brand.) In addition, trademark protection is limited to the geographic market area in which it is used. A slogan or trademark used to promote a grocery chain in upstate New York would not be protected against the use of the same slogan in northern California, for example. Separate countries are usually separate market areas, and in addition, have different trademark laws and trademark registration procedures. (Some countries require registration for any trademark protection to apply. The US does not, although it gives stronger protections to registered trademarks.)
(Trademark protection is also limited to use in trade or commerce, but here both companies seem to be using the slogan in trade.)
If the US company used its slogan to sell wine in Canada, it might be subject to a lawsuit in Canada under Canadian law for infringing the Canadian company's mark. If the Canadian company had been selling wine using the slogan in the US, then it might have grounds for a US suit, under US law, for trademark infringement against the US company.
If the US company was the fist to use the slogan in the US and the Canadian company later started using the slogan in the US, then the US company might have grounds for a suit, as it would have the US rights to that slogan in the wine business. However, if the earlier Canadian use had included advertising that went across the border into the US, that might well reduce the US company's rights, especially if it was relying on use in trade alone, rather than relying on having registered the mark.
If the US company sold and advertised only in the US, and the Canadian company sold and advertised only in Canada, then neither would seem to have valid grounds for a trademark suit against the other.
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
add a comment |
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Slogans, titles, and other short phrases are generally not subject to copyright protection. They can be subject to trademark protection.
Trademark protection is limited in several ways. It is limited by industry. In this case, according to the question, the two companies are marketing the same sort of product, so the industry limitation would not apply. (A wine slogan might not be protected against use to promote a soda, and surely would not be protected against use to promote a computer brand.) In addition, trademark protection is limited to the geographic market area in which it is used. A slogan or trademark used to promote a grocery chain in upstate New York would not be protected against the use of the same slogan in northern California, for example. Separate countries are usually separate market areas, and in addition, have different trademark laws and trademark registration procedures. (Some countries require registration for any trademark protection to apply. The US does not, although it gives stronger protections to registered trademarks.)
(Trademark protection is also limited to use in trade or commerce, but here both companies seem to be using the slogan in trade.)
If the US company used its slogan to sell wine in Canada, it might be subject to a lawsuit in Canada under Canadian law for infringing the Canadian company's mark. If the Canadian company had been selling wine using the slogan in the US, then it might have grounds for a US suit, under US law, for trademark infringement against the US company.
If the US company was the fist to use the slogan in the US and the Canadian company later started using the slogan in the US, then the US company might have grounds for a suit, as it would have the US rights to that slogan in the wine business. However, if the earlier Canadian use had included advertising that went across the border into the US, that might well reduce the US company's rights, especially if it was relying on use in trade alone, rather than relying on having registered the mark.
If the US company sold and advertised only in the US, and the Canadian company sold and advertised only in Canada, then neither would seem to have valid grounds for a trademark suit against the other.
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
add a comment |
Slogans, titles, and other short phrases are generally not subject to copyright protection. They can be subject to trademark protection.
Trademark protection is limited in several ways. It is limited by industry. In this case, according to the question, the two companies are marketing the same sort of product, so the industry limitation would not apply. (A wine slogan might not be protected against use to promote a soda, and surely would not be protected against use to promote a computer brand.) In addition, trademark protection is limited to the geographic market area in which it is used. A slogan or trademark used to promote a grocery chain in upstate New York would not be protected against the use of the same slogan in northern California, for example. Separate countries are usually separate market areas, and in addition, have different trademark laws and trademark registration procedures. (Some countries require registration for any trademark protection to apply. The US does not, although it gives stronger protections to registered trademarks.)
(Trademark protection is also limited to use in trade or commerce, but here both companies seem to be using the slogan in trade.)
If the US company used its slogan to sell wine in Canada, it might be subject to a lawsuit in Canada under Canadian law for infringing the Canadian company's mark. If the Canadian company had been selling wine using the slogan in the US, then it might have grounds for a US suit, under US law, for trademark infringement against the US company.
If the US company was the fist to use the slogan in the US and the Canadian company later started using the slogan in the US, then the US company might have grounds for a suit, as it would have the US rights to that slogan in the wine business. However, if the earlier Canadian use had included advertising that went across the border into the US, that might well reduce the US company's rights, especially if it was relying on use in trade alone, rather than relying on having registered the mark.
If the US company sold and advertised only in the US, and the Canadian company sold and advertised only in Canada, then neither would seem to have valid grounds for a trademark suit against the other.
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
add a comment |
Slogans, titles, and other short phrases are generally not subject to copyright protection. They can be subject to trademark protection.
Trademark protection is limited in several ways. It is limited by industry. In this case, according to the question, the two companies are marketing the same sort of product, so the industry limitation would not apply. (A wine slogan might not be protected against use to promote a soda, and surely would not be protected against use to promote a computer brand.) In addition, trademark protection is limited to the geographic market area in which it is used. A slogan or trademark used to promote a grocery chain in upstate New York would not be protected against the use of the same slogan in northern California, for example. Separate countries are usually separate market areas, and in addition, have different trademark laws and trademark registration procedures. (Some countries require registration for any trademark protection to apply. The US does not, although it gives stronger protections to registered trademarks.)
(Trademark protection is also limited to use in trade or commerce, but here both companies seem to be using the slogan in trade.)
If the US company used its slogan to sell wine in Canada, it might be subject to a lawsuit in Canada under Canadian law for infringing the Canadian company's mark. If the Canadian company had been selling wine using the slogan in the US, then it might have grounds for a US suit, under US law, for trademark infringement against the US company.
If the US company was the fist to use the slogan in the US and the Canadian company later started using the slogan in the US, then the US company might have grounds for a suit, as it would have the US rights to that slogan in the wine business. However, if the earlier Canadian use had included advertising that went across the border into the US, that might well reduce the US company's rights, especially if it was relying on use in trade alone, rather than relying on having registered the mark.
If the US company sold and advertised only in the US, and the Canadian company sold and advertised only in Canada, then neither would seem to have valid grounds for a trademark suit against the other.
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
Slogans, titles, and other short phrases are generally not subject to copyright protection. They can be subject to trademark protection.
Trademark protection is limited in several ways. It is limited by industry. In this case, according to the question, the two companies are marketing the same sort of product, so the industry limitation would not apply. (A wine slogan might not be protected against use to promote a soda, and surely would not be protected against use to promote a computer brand.) In addition, trademark protection is limited to the geographic market area in which it is used. A slogan or trademark used to promote a grocery chain in upstate New York would not be protected against the use of the same slogan in northern California, for example. Separate countries are usually separate market areas, and in addition, have different trademark laws and trademark registration procedures. (Some countries require registration for any trademark protection to apply. The US does not, although it gives stronger protections to registered trademarks.)
(Trademark protection is also limited to use in trade or commerce, but here both companies seem to be using the slogan in trade.)
If the US company used its slogan to sell wine in Canada, it might be subject to a lawsuit in Canada under Canadian law for infringing the Canadian company's mark. If the Canadian company had been selling wine using the slogan in the US, then it might have grounds for a US suit, under US law, for trademark infringement against the US company.
If the US company was the fist to use the slogan in the US and the Canadian company later started using the slogan in the US, then the US company might have grounds for a suit, as it would have the US rights to that slogan in the wine business. However, if the earlier Canadian use had included advertising that went across the border into the US, that might well reduce the US company's rights, especially if it was relying on use in trade alone, rather than relying on having registered the mark.
If the US company sold and advertised only in the US, and the Canadian company sold and advertised only in Canada, then neither would seem to have valid grounds for a trademark suit against the other.
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
answered Mar 8 at 21:50
David SiegelDavid Siegel
16k3362
16k3362
add a comment |
add a comment |
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