Re: Aphorisms and Copyright

On 8/28/98, Leah Gadzikowski <lrgadz01[_at_]gwise.louisville.edu> wrote:
>
> On Fri, 21 Aug 1998, Bob Stock <bstock[_at_]ucla.edu> wrote:
> >
> > Length of text is a criterion for copyright protection in the US.
> >
> > "The following are examples of works not subject to copyright and
> > applications for registration of such works cannot be entertained:
> >
> > (a) Words and short phrases such as names, titles, and slogans;"
>
> How can Ralph Lauren sue the American Polo Association to stop them from
> using the word "Polo" then? I've always thought that this was a really
> stupid lawsuit since the game was there for a least 100 years before
> Ralph, but there it is.

1. Glib answer: Anybody can sue anyone for anything. No guarantee of winning or even getting past a motion to dismiss, of course, but nothing to stop it. (Rule 11 sanctions levied for frivolous suits only discourage.)
2. Serious answer: Ralphie is (was? Is this thing still ongoing?) proceeding under trademark, rather than copyright, law. He seems to believe that he owns the word "polo," notwithstanding that the only reason he uses it is because of the sport whose organization he is now suing. I haven't seen the pleadings, but if I were the judge, I'd have Mr. Lauren out on his chaps in a New York second.

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Fri Aug 28 1998 - 13:06:32 GMT