[Flashgear]

Well about 2 years ago, when i first started Xanthom Designs - Where Innovation Meets Design , my partner suggested we have a good slogan, i didn't have anything that i could think of and he came up with " Where Innovation Meets Design ", but i have recently become aware of this large InivisonFree skin site also branding the same slogan, i asked my friend if he got it from there, and he said yeah.

Can you copyright a slogan?

[Ashley]

I personally think that it's quite hard to prove copyright on a slogan, particularly on the web. The best thing you can do is probably pay for it to be officially registered as copyright. However, apart from being very annoying, does another site using your logo hurt your own site? If not, then it's probably not worth the cost and hassle to protect and enforce a copyrighted slogan.

[Flashgear]

I'm not wishing to copyright it myself, i'm just wondering if its possible.

[Ryan]

You can't copyright a slogan, but you can trademark one.

In order for somebody to trademark a slogan, they've got to register it and get approval. This is typically only done with significant slogans. IFSkinZone may have trademarked their slogan, although I kind of doubt it.

The easiest way to find out would be to contact them and ask them 2 things:

1) Is it trademarked?
2) If not, do they mind if you use it?

If they say yes to #1 and you still want to use it, you could always search the trademark database to determine whether or not they're telling the truth. They may tell you that they trademarked it, when in fact they've not.

If they say no to #1 and say no you can't use it...Well, legally, you still can - so it's up to you. They can't do anything to you legally if you continue to use it, they just won't like you and may say bad stuff about you to the community.

[Flashgear]

Originally Posted by Ryan

You can't copyright a slogan, but you can trademark one.

In order for somebody to trademark a slogan, they've got to register it and get approval. This is typically only done with significant slogans. IFSkinZone may have trademarked their slogan, although I kind of doubt it.

The easiest way to find out would be to contact them and ask them 2 things:

1) Is it trademarked?
2) If not, do they mind if you use it?

If they say yes to #1 and you still want to use it, you could always search the trademark database to determine whether or not they're telling the truth. They may tell you that they trademarked it, when in fact they've not.

If they say no to #1 and say no you can't use it...Well, legally, you still can - so it's up to you. They can't do anything to you legally if you continue to use it, they just won't like you and may say bad stuff about you to the community.

I'm not actually bothered about what they "may" say about me, or my forum to there members.

Thanks for the help both of you

[Borghunter]

Like Ryan said, I would recommend asking Invision if you can use it. Even if they cannot do anything to stop you legally, they do have more power (money). Especially when they're in the same niche as you, you should make sure it's alright.

[Flashgear]

Originally Posted by Borghunter

They do have more power (money).

How is that exactly? are you my banker? they are hosted for free by InivisonFree - They don't make money out of it - InvisionFree is non-profit for the most part!

All they have more than me is alot more post count and members.

[labrocca]

TM's do not need to be registered to be valid.

i asked my friend if he got it from there, and he said yeah.

Clear TM infringement..change your slogan. It's not that great anyways. It's extremely generic. The "Where X Meets X" is too common. It's like those "For Gamers by Gamers" type of slogans..worthless crap imho.

[Flashgear]

Originally Posted by labrocca

TM's do not need to be registered to be valid.

Clear TM infringement..change your slogan. It's not that great anyways. It's extremely generic. The "Where X Meets X" is too common. It's like those "For Gamers by Gamers" type of slogans..worthless crap imho.

I'm not changing my slogan, - Ryan knows his stuff, and i take his word for it.

I've had nothing but food feedback with my slogan

[labrocca]

lol...I know my stuff better than just about anyone.

Trademark - Wikipedia, the free encyclopedia

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

You don't have to register a TM for it to be protected by law. You're a funny guy...you think leeching is wrong but using some other sites TM is perfectly ok to you? lol...omg what a set of ethics you have.