Re: Can one legally protect a phrase?
[Re: TJP]
#3090351
10/29/22 10:29 PM
10/29/22 10:29 PM
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Joined: Jan 2003
Posts: 7,475
Minnesota
Hemi_Joel
master
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master
Joined: Jan 2003
Posts: 7,475
Minnesota
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If it is an original creative work it can be copyright protected.
If it is an original unique phrase that is used used in commerce, it can be trademark protected. You can't just trademark a name or a phrase to prevent somebody else from using it or for frivolous purposes. It needs to be used in some legitimate form of commerce. Also it cannot be something that is deemed to be generic.
I am not an expert on this, but I have looked into it, consulted with an attorney, and I do hold a registered trademark. TM
Edit: also a trademark trademark has geographical limitations. Say for example you you register a trademark but you only use it in your home state. People in other States could then use it . But if you use use it nationwide, then you are protected nationwide.
Last edited by Hemi_Joel; 10/29/22 10:32 PM.
[img]http://i.imgur.com/boeexFms.jpg[/img]31 Plymouth Coupe, 392 Hemi, T56 magnum RS23J71 RS27J77 RP23J71 RO23J71 WM21J8A I don't regret the things I've done. I only regret the things I didn't do. "Wise men talk because they have something to say; fools because they have to say something. ~ Plato"
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Re: Can one legally protect a phrase?
[Re: Hemi_Joel]
#3090352
10/29/22 10:33 PM
10/29/22 10:33 PM
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Joined: Feb 2005
Posts: 20,144
PA.
pittsburghracer
"Little"John
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"Little"John
Joined: Feb 2005
Posts: 20,144
PA.
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It it’s anything with anything related to Mopar, dodge, Plymouth, etc good luck with that.
1970 Duster
Edelbrock headed 408
5.984@112.52
422 Indy headed small block
5.982@112.56 mph
9.42@138.27
Livin and lovin life one day at a time
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Re: Can one legally protect a phrase?
[Re: Hemi_Joel]
#3090353
10/29/22 10:36 PM
10/29/22 10:36 PM
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Joined: Jan 2003
Posts: 7,475
Minnesota
Hemi_Joel
master
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master
Joined: Jan 2003
Posts: 7,475
Minnesota
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Chrysler corporation, Plymouth division, held a trademark of the name suburban. But it went unused and lapsed, and Chevy pounced on it.
[img]http://i.imgur.com/boeexFms.jpg[/img]31 Plymouth Coupe, 392 Hemi, T56 magnum RS23J71 RS27J77 RP23J71 RO23J71 WM21J8A I don't regret the things I've done. I only regret the things I didn't do. "Wise men talk because they have something to say; fools because they have to say something. ~ Plato"
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Re: Can one legally protect a phrase?
[Re: Hemi_Joel]
#3090430
10/30/22 11:19 AM
10/30/22 11:19 AM
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Joined: Jan 2011
Posts: 15,806
Central Florida
larrymopar360
Stud Muffin
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Stud Muffin
Joined: Jan 2011
Posts: 15,806
Central Florida
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I believe Wendys did on "Where's the beef". Donald Trump tried on "Your fired"! but I believe faild.
Facts are stubborn things.
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Re: Can one legally protect a phrase?
[Re: TJP]
#3090484
10/30/22 02:31 PM
10/30/22 02:31 PM
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Joined: Jan 2003
Posts: 21,495
N.E. OHIO, USA
A12
Too Many Posts
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Too Many Posts
Joined: Jan 2003
Posts: 21,495
N.E. OHIO, USA
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If it is an original creative work it can be copyright protected.
If it is an original unique phrase that is used used in commerce, it can be trademark protected. You can't just trademark a name or a phrase to prevent somebody else from using it or for frivolous purposes. It needs to be used in some legitimate form of commerce. Also it cannot be something that is deemed to be generic.
I am not an expert on this, but I have looked into it, consulted with an attorney, and I do hold a registered trademark. TM
Edit: also a trademark trademark has geographical limitations. Say for example you you register a trademark but you only use it in your home state. People in other States could then use it . But if you use use it nationwide, then you are protected nationwide. it is an original catchy phrase that does use their name, would IMO be of use for advertising. My intention would be to try and sell it to them hence the need to legally protect / own it   Attorneys work on the most basic of principles "who has the deepest pocket" and they will defend or go to bat for you to your last buck. 
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Re: Can one legally protect a phrase?
[Re: pittsburghracer]
#3090658
10/31/22 11:05 AM
10/31/22 11:05 AM
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Joined: Jan 2003
Posts: 10,694
North Dakota
6PakBee
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 10,694
North Dakota
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It it’s anything with anything related to Mopar, dodge, Plymouth, etc good luck with that.
Throw in anything AMC related also. There was a firm making dash overlays for '68-'70 AMX's and yup, here comes Ma Mopar's attorneys with a cease and desist letter unless,of course, they ponied up for a ridiculous license fee. Guess what happened.
"We live in a time when intelligent people are being silenced so that stupid people won't be offended".
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Re: Can one legally protect a phrase?
[Re: 6PakBee]
#3090669
10/31/22 11:57 AM
10/31/22 11:57 AM
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Joined: Jan 2003
Posts: 6,017
Morningside
AdventurerSport
waaaay out there in left field
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waaaay out there in left field
Joined: Jan 2003
Posts: 6,017
Morningside
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I heard that the "let's get ready to rumble" guy had that phrase trademarked, but I don't know if that's true or not...
JS
76 Dodge Adventurer Sport Power Wagon W100 318, 727, NP203 Fulltime 4x4 Russet Red
06 Jeep Commander Ltd 4x4, 5.7L Hemi, QuadraDrive II
06 Chrysler 300C AWD 5.7L Hemi
10 Mopar 10 Challenger R/T, #483/500, 5.7L HEMI
10 Jeep Grand Cherokee Ltd 4x4 5.7L HEMI
11 Dodge Ram 1500 LoneStar Quad Cab, 5.7L HEMI, Fulltime 4x4, Deep Cherry Red
16 Jeep Cherokee Limited 3.2L Pentastar V6, 9 Speed Torqueflite, 4x4, Black
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Re: Can one legally protect a phrase?
[Re: AdventurerSport]
#3090677
10/31/22 12:11 PM
10/31/22 12:11 PM
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Joined: Dec 2006
Posts: 2,102
Byron, NY
W.I.N. Racing
top fuel
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top fuel
Joined: Dec 2006
Posts: 2,102
Byron, NY
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I heard that the "let's get ready to rumble" guy had that phrase trademarked, but I don't know if that's true or not...
JS Recently saw and interview with him, and yes he owns the rights to that phrase.. and whne it gets used he gets paid.
'01 P1500, Blown/Inj BAE,/Veney ,Bruno/CS2,Dana 60
'01 Dodge 3500 S Cummins Auto, Fresh air kit, 4" Exhaust,
'05 Dodge Magnum R/T - Too Much to list
'60 Willys CJ5
'01 International LPX - Project,DT466, Allison
'64 Plymouth Valiant, Inj 528 Hemi, 2spd
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Re: Can one legally protect a phrase?
[Re: TJP]
#3090681
10/31/22 12:19 PM
10/31/22 12:19 PM
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Joined: Jan 2003
Posts: 25,720
Rio Linda, CA
John_Kunkel
Too Many Posts
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Too Many Posts
Joined: Jan 2003
Posts: 25,720
Rio Linda, CA
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"A phrase cannot be copyrighted, it has to be trademarked and to trademark it you need to show that the phrase has a "secondary meaning" that makes your use different from any usual meaning of the phrase."
The INTERNET, the MISinformation superhighway
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