Legal Question in Intellectual Property in California

Generally, short phrases are not protectable by copyright. However, short slogans (sometimes called tag lines) may be protectable as trademarks if they are used in conjunction with the sale of particular goods or services. Slogans like "Have it Your Way" (Burger King) and "This Buds for You" (Anheuser-Busch) are registered as trademarks. Someone may register a slogan like "Don't Worry, Be Happy" for T-shirts and other apparel (I don't know whether anyone did or not). But, the main point of trademark registration is not that the words are protected all by themselves, but that they are protected in conjunction with the sale of particular goods/services so as to identify the source and/or quality of the goods/services to the relevant consuming public. Additionally, "similar" trademarks for "similar" goods/services are not allowed (trademark infringement), and the standard for determining infringement is "likelihood of confusion" by the relevant consuming public. Usually, small variations such as phonetic spellings or addition of generic/descriptive words are insufficienty dissimilar to overcome likelihood of confusion.

In order to know whether your phrases will infringe upon another's trademarks, you should of course first use common sense - if you think it's similar, it is. You should retain a trademark attorney to review your name or phrase choices, research federal, state, and common law trademarks, and render an opinion whether you should use any particular name or phrase. Only an experienced trademark attorney who has fully researched your case will be able to give you particular advice in this matter.