Moparts

Can one legally protect a phrase?

Posted By: TJP

Can one legally protect a phrase? - 10/30/22 02:17 AM

Just wondering if one can legally register and own a phrase that would contain an entities name like "Plymouth makes it" or
"Dodge, Depend on it" shruggy beer
Posted By: Hemi_Joel

Re: Can one legally protect a phrase? - 10/30/22 02:29 AM

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.
Posted By: pittsburghracer

Re: Can one legally protect a phrase? - 10/30/22 02:33 AM




It it’s anything with anything related to Mopar, dodge, Plymouth, etc good luck with that.
Posted By: Hemi_Joel

Re: Can one legally protect a phrase? - 10/30/22 02:36 AM

Chrysler corporation, Plymouth division, held a trademark of the name suburban. But it went unused and lapsed, and Chevy pounced on it.
Posted By: larrymopar360

Re: Can one legally protect a phrase? - 10/30/22 03:19 PM

I believe Wendys did on "Where's the beef". Donald Trump tried on "Your fired"! but I believe faild.
Posted By: TJP

Re: Can one legally protect a phrase? - 10/30/22 05:38 PM

Originally Posted by Hemi_Joel
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 wink beer
Posted By: A12

Re: Can one legally protect a phrase? - 10/30/22 06:31 PM

Originally Posted by TJP
Originally Posted by Hemi_Joel
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 wink beer


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. laugh2 laugh2
Posted By: A39Coronet

Re: Can one legally protect a phrase? - 10/30/22 07:17 PM

No but you can legally purchase copyrights and collect royalties on their use. I believe Shaq owns quite of a few, like Marilyn Monroe (I believe), so anytime her image is used in a commercial or revenue content he gets a check.
Posted By: 6PakBee

Re: Can one legally protect a phrase? - 10/31/22 03:05 PM

Originally Posted by pittsburghracer


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.
Posted By: AdventurerSport

Re: Can one legally protect a phrase? - 10/31/22 03:57 PM

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
Posted By: W.I.N. Racing

Re: Can one legally protect a phrase? - 10/31/22 04:11 PM

Originally Posted by AdventurerSport
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.
Posted By: John_Kunkel

Re: Can one legally protect a phrase? - 10/31/22 04:19 PM

"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."
Posted By: 70Duster

Re: Can one legally protect a phrase? - 10/31/22 04:27 PM

Well, "THAT'S HOT" is a trademark of Hilton, Paris. Filed in April 11 (2013), so I'd say the answer to your question is generally, yes.
Posted By: moparx

Re: Can one legally protect a phrase? - 10/31/22 05:22 PM

my "pol....al" phrase : "i got what it takes to take what you got !"............ biggrin
beer
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