Protection of Slogans – Part of Everyday Speech and Related Issues

Friday, April 09, 2004

Publication:Oakland County 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?