Legal Question in Intellectual Property in Texas

As a Franchise Attorney I can this. Words and slogans are not the subject of copyright. These can, however, be protected as trademarks or service marks. Consult with a good intellectual property 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

"Mr. Franchise" makes a good point about consulting an IP attorney. There are "design copyright" rights that can involve such diverse things as the design of boat hulls, fashion, logos, etc. A fair definition of copyright is as follows:

�The exclusive right to control reproduction and commercial exploitation of your creative work. Copyright protects any kind of artwork, including illustrations, photographs and graphic design. Except under certain circumstances (see �work made for hire� section), you own the copyright in your work at the moment you create it in a �fixed form of expression.� A fixed form of expression is any tangible medium that can be perceived by humans, including traditional forms�such as paintings, sculptures, writings�and new forms that require a machine to perceive (e.g., GIF files, CDs, websites).

Consequently, the better answer to your question is that you could be held liable under both copyright and trademark law.

Charles J. Williamson, B.S., M.B.A., J.D., LL.M.- Intellectual Property