Legal Question in Intellectual Property in California

If the copyright is registered with the Copyright Office, you may have a very good case indeed (inlcuding large statutory damages). If not you have a so-so case at best. Watch out for legal time limits.

As a Franchise Attorney I need to say you can't copyright a slogan. You may be able to trademark a slogan and protect it that way. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Are you sure the slogan is copyrighted? Under common law, or by registration with the Feds?

Five words probably falls below the standard for a copyrightable "original creative work." The following is quoted from the official copyright office web site:

"Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information."

There is a remote possibility that California's unfair competition law may provide some basis for suit. I don't think there's much chance for a suit based on common-law copyright, due to the limitations inherent in statutory copyright and the way the courts would interpret them.