Re: Aphorisms and Copyright

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.

Likely because Ralph Lauren brought a claim of trademark infringement, rather than copyright infringement. The world is full of ordinary, single words (like Polo), that have trademark protection. Trademark law protects the product-name link rather than protecting the expression itself, which is what copyright law does.

Patrick W. Begos
Begos & Horgan, LLP
begos[_at_]ibm.net Received on Fri Aug 28 1998 - 13:54:14 GMT