Legal Question in Intellectual Property in Idaho

protecting rights in a T-shirt design that incorporates a slogan used by a majo

What is the best way to protect the rights (namely to be the exclusive seller) of an individual who has coined a phrase that has become the "annual" slogan for a professional sports franchise? The individual is an employee of the franchise and he wants to incorporate the slogan into a T-shirt and sell it.


Asked on 8/31/99, 5:45 pm

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: protecting rights in a T-shirt design that incorporates a slogan used by a

If the employee was acting within the scope of his employment, the employer probably owns the slogan. First use in interstate commerce confers trademark rights upon the first user. If the slogan were actually the property of the employee, he might have a remedy under state law.

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Answered on 9/02/99, 3:55 pm
Bruce Burdick Burdick Law Firm

Re: protecting rights in a T-shirt design that incorporates a slogan used by a

The best way would be to register the slogan as the trademark of the individual. However, it is not clear from the facts you gave me that the individual can do that. It sounds like the employer franchise is the owner and user. For trademarks, what mattersis not who "came up with the slogan" but who is the first one to commercially use it.

Call me after Labor Day if you want more specific advice. This is all you get for free.

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Answered on 9/02/99, 2:20 pm


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