Re: T-shirt Print and the blurry line between copyright trademark unfair competition

> So in what way, shape, or form do any of these
>companies have entitlement to copyright
>protection of this phrase if at all?

They don't. As them for a copy of their registration if they bug you. I had someone assert to a client that he owned "Mean People Suck." We asked for the registration and never heard another word.

>Is changing the font in way of size, color,
>and/or style, or adding/deleting other graphics,
>or where the phrase is placed on the shirt
>enough to differentiate one shirt from another
>so it isn¡¯t infringement?

Not unless there are trademark issues.

>Say two companies print the phrase in the same
>wording and exact same font size, color, and
>style in the same place on the shirt, do either
>one of them have right bring charges of
>infringement upon the other?

Nope. Unless there are trademark issues.

>So do these simple phrases qualify as an
>¡°idea¡± and therefore you can own a copyright
>to them being printed on apparel?

No. Unless there are trademark issues.

>If so, does this also give you ownership of
>derivatives of original phrase being printed
>onto apparel (i.e. Everyone Loves An Irish
>Girl/Italian Girl/Southern Girl ect.)? Another
>possible way for one to protect ones self in
>this sense may be unfair competition law, but I
>have not been able to find much to concretely
>apply to this example.

The phrases aren't protectible so there wouldn't be an unfair competition claim. Unless there are trademark issues.

>
>If someone does print t-shirts with the same or
>similar comical phrase, does that give the
>original author of the phrase protection under
>unfair competition law? How much would the
>phrase or the way the phrase is written need to
>be changed to not be considered unfair
>competition?

No. Unless ... well, you know.

>Since you cant own a copyright on a phrase, and
>since such comical phrases don¡¯t indicate a
>source of good or services and therefore are not
>trademarks, is it just the form of expression as
>in printing a comical phrase on t-shirts
>protected by unfair competition law?

see above.

>If so how do you originally receive protection in any form of registration?

you don't.

The answers to your other questions are really said above. There is one guy who's managed to register copyright on some phrases but I don't believe anyone else has.

Word of warning: Be careful of parody
shirts/bumper stickers. Companies who are being parodied tend to get crabby and if the parody includes a drug or sexual reference, they get really really crabby.

Carol Busby

-- 
Carol A. Busby
Attorney at Law
875 Country Club Road
Eugene, OR  97401-2255
541-484-6860; fax: 541-687-1891
carol[_at_]drogon.com