Hello Orchidians
After a long time away from the computer and being on mines at Sir
lanka, it is good to be back home. It feels great!!!
I had a advertisment copy made for our company with a unique slogan.
The said ad was printed in the form of post card and mass mailed in
practically all the domestic states of our country. The Ad was also
published in AGTA source directory sent all over the country.
One of contemporary has copied our slogan by removing the word “if”
and has used it in the last Las Vegas show.
Now the question do we have a copyrighted material that is being
copied? How can we prevent him from copying our slogan?
Thank you all in advance.
Anil
krisgems@aol.com
Now the question do we have a copyrighted material that is being
copied? How can we prevent him from copying our slogan?
IANAL but the simple answer is that your slogan is NOT “copyrighted
material,” it’s not even copyrightable material—see the
www.copyright.gov site which dozens of previous posts on Orchid have
directed you to read.
Trademark is a much trickier issue and YOU need to consult a
trademark attorney ASAP for the answer to that. You MAY own a
trademark just by using it and thus for someone else to use one that
is likely confusable with yours in the same class of goods/services
MAY violate your rights. At the very least it will REQUIRE an
attorney written cease-and-desist letter, but it may take a court
case, to assert your rights (if any).
James E. White
Inventor, Marketer, and Author of “Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)” Info Sites: www.willitsell.com www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com