Comments on: Oprah’s “aha moment”— Is this your trademark’s “aha moment?” http://brandaideblog.com/brand/oprah%e2%80%99s-%e2%80%9caha-moment%e2%80%9d%e2%80%94-is-this-your-trademark%e2%80%99s-%e2%80%9caha-moment%e2%80%9d/ BrandAide: Trademark, Intellectual Property and Cyber Law Fri, 02 Jul 2010 14:02:33 -0700 hourly 1 http://wordpress.org/?v=3.0 By: Cheryl http://brandaideblog.com/brand/oprah%e2%80%99s-%e2%80%9caha-moment%e2%80%9d%e2%80%94-is-this-your-trademark%e2%80%99s-%e2%80%9caha-moment%e2%80%9d/comment-page-1/#comment-210 Cheryl Wed, 27 Jan 2010 00:11:46 +0000 http://brandaideblog.com/?p=404#comment-210 Dear Maria: Common phrases can be protected if used for particular goods and services. A great slogan can be a very strong way of messaging the brand. Great example: "Just have it your way" Who do you think of? Your comments are appreciated! Dear Maria:

Common phrases can be protected if used for particular goods and services. A great slogan can be a very strong way of messaging the brand. Great example: “Just have it your way” Who do you think of?

Your comments are appreciated!

]]> By: Cheryl http://brandaideblog.com/brand/oprah%e2%80%99s-%e2%80%9caha-moment%e2%80%9d%e2%80%94-is-this-your-trademark%e2%80%99s-%e2%80%9caha-moment%e2%80%9d/comment-page-1/#comment-209 Cheryl Wed, 27 Jan 2010 00:09:39 +0000 http://brandaideblog.com/?p=404#comment-209 Apparently she did, enough to get approved by the TM office. There's quite a bit at her site. Hope all is well! Apparently she did, enough to get approved by the TM office. There’s quite a bit at her site.

Hope all is well!

]]> By: Maria Brophy http://brandaideblog.com/brand/oprah%e2%80%99s-%e2%80%9caha-moment%e2%80%9d%e2%80%94-is-this-your-trademark%e2%80%99s-%e2%80%9caha-moment%e2%80%9d/comment-page-1/#comment-208 Maria Brophy Tue, 26 Jan 2010 18:40:49 +0000 http://brandaideblog.com/?p=404#comment-208 It's silly for any entity to be able to own commonly used phrases. I've been using that phrase for decades, long before I ever heard Oprah use it. I learned it from my parents, who used that phrase probably before Oprah's show ever existed. There's a great article written about this very topic by writer Leo Baubouta, who was sent a letter from an author's attorney to stop using the phrase "feel the fear and do it anyway" becuase it was the name of a tm book title. His argument is that it's a commonly used phrase, and if we start tm language that's used everyday, things can get really silly. Check out his argument here: http://zenhabits.net/2009/04/feel-the-fear-and-do-it-anyway-or-the-privatization-of-the-english-language/ It’s silly for any entity to be able to own commonly used phrases. I’ve been using that phrase for decades, long before I ever heard Oprah use it. I learned it from my parents, who used that phrase probably before Oprah’s show ever existed.

There’s a great article written about this very topic by writer Leo Baubouta, who was sent a letter from an author’s attorney to stop using the phrase “feel the fear and do it anyway” becuase it was the name of a tm book title.

His argument is that it’s a commonly used phrase, and if we start tm language that’s used everyday, things can get really silly.

Check out his argument here: http://zenhabits.net/2009/04/feel-the-fear-and-do-it-anyway-or-the-privatization-of-the-english-language/

]]> By: Nils Montan http://brandaideblog.com/brand/oprah%e2%80%99s-%e2%80%9caha-moment%e2%80%9d%e2%80%94-is-this-your-trademark%e2%80%99s-%e2%80%9caha-moment%e2%80%9d/comment-page-1/#comment-199 Nils Montan Sat, 16 Jan 2010 16:21:29 +0000 http://brandaideblog.com/?p=404#comment-199 Very nice piece. Do you know if Oprah ever used the proposed mark in a technical trademark sense? Very nice piece. Do you know if Oprah ever used the proposed mark in a technical trademark sense?

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