Re: A simple but puzzling question

From: BB IP Law <BBIPLaw[_at_]aol.com>
Date: Wed, 18 Mar 1998 01:39:16 EST

Micheal -- re your query on protecting T-shirt/bumper sticker phrases:

If such "phrases" are used in interstate commerce (e.g, distributed nationally, via US mail, other interstate forms of distribution) to designate to source/origin of the merchandise in question, and the phrase or a confusingly similar one has not already been registered federally as a trade/service mark or used prior to yours in same areas as yours now is, then you such phrase may be eligible for federal or at least state (local) trademark protection. That's the "simple" basic answer but to resolve you need to contact a trademark/intellectual property attorney with expertise/experience in such matters.

Further, if the "phrase" involves a "logo" or graphic/pictorial design which you "created," then you may have a copyright-eligible work. For advice re this, I also refer you to an intellectual property -- copyright law attorney.

Feel free to contact me or an attorney in your area with requisite expertise.

There are a lot of more interesting issues involved which I am sure might interest members of this group if we had more facts, a hypotetical (or real) challenged use and/or claim of infringement by someone re your bumper sticker/T-shirt "phrases," along with the bases for the challenge and/or infringement claim, etc.

Barbara Brudno, Esq.
Los Angeles, CA
Phone: 310/550-8034
Fax: 310/550-7246
E-Mail: BBIPLaw[_at_]AOL.Com
Internet Listing: http://www.wld.com/lawyer/barbara.brudno Received on Wed Mar 18 1998 - 06:39:24 GMT

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