Showing posts with label short phrase. Show all posts
Showing posts with label short phrase. Show all posts

Railway Enthusiasts Disease

Dear Rich: I saw a humorous vintage metal enamel sign [not itself vintage or antique; a modern version/copy] with humorous references to 'railway enthusiasts disease'; it lists causes for the affliction and suggests silly remedies. Very amusing if you're keen on steam trains! Well, I help out at a steam railway and the question is could we create and sell a poster using similar phraseology to this? The wording might be similar but not the same; we might like to use the phrase 'railway enthusiasts disease' though. The sign itself does not bear a copyright notice.  We've found some examples: this t-shirt at the Thomas the Tank store, this one at the Ian Allan Bookshop, and this one at National Road Transport, and this enameled sign, and this one on eBay. We're not seeing any notice of copyright or a statement of license. That doesn't mean nobody claims ownership, but it feels like this content is in a category you could call free-range copyright. If owners exist, they don't enforce rights. It's also possible that the content is public domain, but determining that would take some digging into railroadiana.
Can I use the title? Even if the sign's content were protected, you can use the phrase "railway enthusiasts disease" without infringing. We don't see any evidence that it's being used as a trademark and short phrases are difficult to protect under copyright law.
P.S. As you've noticed, all of the examples are from British sites, so we're going to assume you're British as well. In that case, we issue our typical disclaimer: our answer is based on U.S. copyright law, which although derived from British law, is not the same.

Can We Use Dragnet Tagline?

Dear Rich: I would like to reprint the line, "All we want are the facts, ma’am." I cannot confirm if this is in the public domain/fair use. Any information that you can provide is appreciated. If you do not know the answer can you refer me to someone who can help? We wish we could refer you to someone, but alas, we don't know of anyone else providing free legal information about Dragnet dialogue. So, here goes:
  • Under copyright law, you're okay to reprint the line. It's too short by itself to be protected. (We've written an article on the subject, as well.) 
  • Under trademark law, you should be okay (except for using it on entertainment services and related merchandise). No one has registered the phrase, although there have been registrations for the more well-known but never-uttered-on-Dragnet line, "Just the Facts" (made popular by a Dragnet parody.) Oddly enough, the "officially licensed" merchandise uses "Just the Facts" (Go figure!) In any case, avoid using it for entertainment services or you may hear from Jack Webb's estate. BTW, if you plan on using the phrase to sell products or services, it's always wise to search USPTO records, first.
  • For right of publicity reasons, we would advise against any attempts at commercially exploiting the phrase in connection with Jack Webb's image or personna. If the estate learns of the use, they'll likely come after you.

Wants to Use Heinz Quote

Dear Rich: There is a very well-known quote by someone named Heinz von Bergen (often found online as "Heinz V. Bergen"), which reads as follows:"Information is the seed for an idea, and only grows when it's watered." I have searched far and wide on the Internet for some source that would clarify if this quote is in the public domain, and/or information on Heinz von Bergen himself. We don't mean to offend, but this quote sure sounds like the kind of thing Steve Carrell might spout on an episode of The Office.  Anyway, does information (which is a collection of facts) actually grow? (It seems to us that information exists and we discover or categorize it.)
Right, you had a question. Regardless of whether you can find any information on the originator of this quote --  and our hard working staff couldn't find much on Heinrich von Bergen, Heinz von Bergen, Heinrich v. Bergen, or Heinz v. Bergen -- you can use any short quote freely. As we've noted in the past (type "short phrase" or "quotes" into the Search Dear Rich Box, right) copyright doesn't protect short phrases.
PS Dept. If you're looking for "idea" quotes, what about this one as an alternative -- "A half-baked idea is okay as long as it's in the oven."

Honk if You Want to Register Your Bumper Sticker as a Trademark!


Dear Rich: I am in the midst of applying for a trademark and am confused about which category in the trademark manual my item falls.  The item is essentially a slogan (code 045) which is being printed onto bumper stickers (no code found) and also onto baseball caps and hats (code 025). The intent is to expand the list of goods sold that are branded with the slogan. The bumper stickers and caps are the two initial items I will be selling. Which category I should enter on the application? We think you'll have a hard time registering a slogan with the USPTO unless you can demonstrate that the slogan is associated with a product or service -- that is, a product other than caps or bumper stickers. For example, a slogan like the one shown above would be difficult to register, as would variants such as

  • Honk if You Like Cheeses, 
  • Honk if You Would Like to See My Finger, 
  • Honk if You're Going to Run Me Over, 
  • Honk if you Like Prune Tacos (our favorite), 
  • Honk if You Like Peace and Quiet, 
  • Honk if You Are Living a Life of Quiet Desperation, or 
  • Honk if You've Never Seen a Gun Fired From a Moving Vehicle (scary). 
That's because these slogans are considered ornamental (they inspire, entertain, or amuse) or informational (they express a thought). To acquire registration they must create a consumer association with a product or service (for example, Honk if You Sell Car Horns for an applicant that sells car horns).
Honk If You Receive an Objection from A Trademark Examiner. Upon receiving an application for  a slogan, the trademark examiner will probably object on the basis of § 1202.03 or § 1202.04 of Trademark Manual of Examining Procedure or TMEP (excerpted below).

§1202.03 Refusal on Basis of Ornamentation Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans, or trade dress. This matter should be refused registration because it is merely ornamentation and, therefore, does not function as a trademark ...
§1202.04 Informational Matter Slogans and other terms that are considered to be merely informational in nature, or to be common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry, are not registrable ... 
It's on these basis, for example, that the slogan THINK GREEN was rejected as a trademark because it was merely a statement of environmental awareness. The slogan, HAIR COLOR SO NATURAL ONLY HER HAIRDRESSER KNOWS FOR SURE was registered because consumers associated the slogan with a particular product. The only way to overcome this objection is to show that consumers associate the slogan with your products or services.
Honk if You've Used the Wrong Classification Codes ... Also, you referenced code 045 in your question. Class 045 is for legal services (Honk If You Like Litigation) so we don't assume that's what you meant unless you've come up with a slogan for a law firm (Honk If You Like to Pay For Overpriced Associates).
Honk if You've Tried Copyright Protection. Finally, a bumper sticker slogan cannot be protected under copyright law as copyright does not protect short phrases. A short phrase can be protected in conjunction with an illustration or it may be protected in some cases, if it is taken from a larger well-known work, such as taking a line from a movie.


Can "Punks in Chunks" Quote Go on T-Shirt

Dear Rich: If I took the phrase" I eliminate punks cut em up in chunks, you were souped, you heard me then your ego shrunk" from an artist song and put it on t-shirts does that constitute copyright infringement? Maybe, but probably not. Generally, short phrases are not protected under copyright law (we can't say for sure whether this phrase qualifies as"short"). In addition, as this article points out, copyright holders sometimes have more leeway when going after people who use the phrase on merchandise. In any case, we think the probability of the song owner (L.L. Cool J) coming after you is slim. You are more likely to run into problems if you include images of the rapper or imply that L.L. Cool J endorses the shirt. In that case, you would be stepping on LL's right of publicity and as you may know, L.L. has always been a savvy merchandise marketer.

Can I Use TV Quote as Blog Title?


Dear Rich: I am trying to find out if I could use a specific quote from the show, Strangers with Candy, for a potential blog title? If it helps, the potential title is "Stupid Junky Whore" which is a recurring insult on the aforesaid series. Oops, we didn't have time to post a warning that portions of the clip shown above may be offensive to some readers. So much for our bounce rate (or is it exit rate?).
Right, you had a question. If you're in a hurry to get started with your blog, the short answer is that there's no problems with naming it, 'Stupid Junky Whore.' We'll pass on providing the long answer but if we did provide one, we'd probably say things about copyright not protecting short phrases and how your choice of phrase hasn't achieved trademark status, and how free speech gives you the right, etc. But why get into that. As Jeri would say, 'Dreams can happen!'