Legal Question in Entertainment Law in California

I created a phrase and the school I'm working allowed me to use it on equipment and tshirts. Should I trademark the phrase? And do I have legal rights to it if I was to leave the school.

Asked on 7/01/13, 5:42 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.
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You might not be able to retain exclusive rights in the phrase if you permitted the school to use it on equipment and t-shirts without having some sort of written agreement with them. They may, rightly, consider your contribution a gift that they can keep and use as they want.

A trademark is something that is used in commerce and is associated with a particular business. If you don't have a business in which you regularly use the mark, it is unlikely you would be able to register it as a trademark. If the school is using the phrase, it is more likely they would be able to register it as a trademark.

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Answered on 7/03/13, 4:05 pm

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