Protection of Slogans – Part of Everyday Speech

Team Contact: William Abbatt

Trademarks

Copyrights
commercial-litigation
Copyrights
Trademarks

Publication:Detroit Legal News

Bill Abbatt, a partner at Brooks Kushman, highlights important issues surrounding the protection of slogans, including:
– Can you assert exclusive rights to use a slogan that includes words taken from everyday speech?
– Does, or should, an outside ad agency undertake a clearance search to ascertain whether the slogan is available for use without infringing the rights of others?
– Is it reasonable to insist that the agency indemnify you if you are sued for allegedly unauthorized use of a slogan suggested by them?
– Who owns the underlying intellectual property?
– How can you stop your trademark morphing into genericism?

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