ARTICLE
7 August 2020

Trademarks And Catchphrases In Popular Culture-The Trademark "Gold Rush" To Capitalize On Trending Words Or Phrases

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Volpe Koenig

Contributor

Volpe Koenig provides worldwide client counseling on patents, trademarks, copyrights, trade secrets, technology transfers, due diligence, licensing and enforcement of intellectual property rights. The firm’s attorneys, agents and technical advisors have expertise in a wide range of industries and serve a diverse roster of U.S. and multinational clients.
This week on IP Goes Pop! Fellow Volpe Koenig Shareholder, Michael Berkowitz, joins Michael Snyder to talk about how people try to trademark phrases found in popular culture.
United States Intellectual Property

In this episode, Michael Snyder and Michael Berkowitz discuss examples of when a famous celebrity (or athlete or politician or reality show star) blurts out a funny or interesting word or phrase that catches the public's attention-- and the subsequent trademark madness that may follow.

Timestamps:

00:47 Introduction, Trademarks that capture the public's attention

01:26 Famous Catch Phrases and Slogans

03:31 Intent-to-Use Trademark Applications

05:08 "Philly Special" 'NFL 100 Greatest' No. 10: The Philly Special

07:20 "Let's Get Ready to Rumble" "Millions to be Made with Your Words"

09:33 "Three-Peat" "Pat Riley's 'Three-Peat' Trademark"

12:37 "Bam!" Bam!: How Emeril Lagasse Invented a Cooking Catchphrase

15:46 "That's Hot." 'That's Hot,' Paris Hilton's Famous Catchphrase Was Not Hers At All

18:35 "Rise N Shine" "Kylie Jenner's viral 'rise and shine' TikTok meme led to merchandise and a trademark application"

21:16 More Examples of Trademarking Popular Words and Phrases

25:04 "Is it still possible for people to try and monetize words and phrases?"

25:55 Consumer Confusion/Likelihood of Confusion

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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