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.

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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