Legal Question in Intellectual Property in Pennsylvania

My former employer never copyrighted their motto or branding stuff. If I was to copyright it myself and sue them for using that motto would I win even though they used it first but never copyrighted it. If I would win I would like to know what direction to go in. There is some bad blood between me and my former employer.


Asked on 3/10/11, 10:40 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I think you're confused about things. First of all, it's not copyright, but trademark or service mark registration. Second, even if they have not registered their brand, they still have common law rights to it. Your best direction is to get a new job. 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

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Answered on 3/11/11, 7:22 am


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