# Someone stole my saying on a t-shirt, best way to stop this?



## allisonkbye (Jun 7, 2011)

I came up with a highly clever saying and started selling it on some items. I have been for about 6 months now. Well all of a sudden I did an ebay search today and I found 2 other people selling things with the same saying. This was a very original idea that I came up with 100% on my own. It's about 10 words, and I am 100% sure they stole it from me because not only is it exact verbatim, but they have it broken up into 3 lines and mimicked to look exactly like mine!! 

What is the best way to go about protecting this saying, because as soon as I do I'll be asking them to remove it. 

Do I copyright it? It's just words. No logo or anything involved. 

Thanks in advance for advice


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## Riderz Ready (Sep 18, 2008)

They may think you stole it. 

In short it really does not matter as with most of us we worried about people stealing designs, etc when we started out. The hard facts are it happens. Trademarking reallying does little. It is simply part of the busines

The more time you worry about stuff like this the less time you have to sell and market your designs.


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## kimura-mma (Jul 26, 2008)

A saying on a t-shirt is not an easy thing to legally protect. It is not eligible for trademark. The saying itself will not be eligible for copyright unless you published it somewhere other than on the t-shirt. The t-shirt design is eligible for copyright, but that will only protect the exact representation of the design. So someone can still use the saying, but it would need to be in a different way than yours. Chances are, that's the only legal protection you will be able to get. Your best bet is to not worry about what others are doing and just focus on pushing your own sales.

Now, if you can somehow prove that the saying specifically represents your brand, then that would be a different story. If this is the case, consult an IP attorney to discuss it.


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## mgparrish (Jul 9, 2005)

allisonkbye said:


> I came up with a highly clever saying and started selling it on some items. I have been for about 6 months now. Well all of a sudden I did an ebay search today and I found 2 other people selling things with the same saying. This was a very original idea that I came up with 100% on my own. It's about 10 words, and I am 100% sure they stole it from me because not only is it exact verbatim, but they have it broken up into 3 lines and mimicked to look exactly like mine!!
> 
> What is the best way to go about protecting this saying, because as soon as I do I'll be asking them to remove it.
> 
> ...


Very unlikely to get a simple word or phrase copyrighted. 

Art design can be copyright, as well as a proper name that is established to a product (trademark) .... but _for good reason_ no one has a monopoly on common phrases which could in effect could almost allow the English language to be copyrighted. I'd hate to pay a royality to someone in order to speak or write.

If the phrase or word isn't "novel" like "Three-peat" (LA lakers) then no chance to protect it.

Stanford Copyright & Fair Use - Copyright Protection for Short Phrases by Richard Stim

http://www.copyright.gov/circs/circ34.pdf


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## Skinbus (Jul 2, 2007)

If any of you are boxing fans, you may remember a guy named Michael Buffer. When he did the fight introductions, he would use the phrase "let's get ready to rumble." If I remember correctly, I think he had that protected somehow but I'm not certain how it was done. (later) I just googled "let's get ready to rumble" & it came up with an interview with Buffer explaining how he came up with the phrase & it's definitely trademarked. Not only that but is worth $400 million to him.


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## littlefatbuddy (Oct 8, 2012)

Just make up some official looking letterhead and send them a fake cease and desist letter. It has basically no chance of being succesful but it might make you feel better. Just have a little fun since you really do not have any legal or civil recourse.


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## camconcay (May 14, 2006)

good advice here however you can trademark these types of phrases but trademark protection is very narrow and requires the proper trademark filings etc and then you have to go after anyone infringing. Get r done (and several variations) are trademarked and protected, not copyrighted in and of themselves but the owner trademarked the phrase for use on particular items (like t-shirts). 

Not trying to be negative, but unless you are (or were) selling thousands of shirts it is going to be hard to prove damages, and not monetarily worth the trademark and cost of pursuing infringement. If you know a lawyer they might be willing to send a cease and decist letter for little or nothing, and actually you can do so yourself but carries a bit more weight if it is formal and from an attorney.


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## kimura-mma (Jul 26, 2008)

Skinbus said:


> If any of you are boxing fans, you may remember a guy named Michael Buffer. When he did the fight introductions, he would use the phrase "let's get ready to rumble." If I remember correctly, I think he had that protected somehow but I'm not certain how it was done.


It was trademarked. But Buffer used the phrase in multiple ways that made it eligible for federal trademark registration. It doesn't seem like the same can be said in this case, however. But if so, the OP should consult an IP attorney to get it figured out.


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## kimura-mma (Jul 26, 2008)

camconcay said:


> good advice here however you can trademark these types of phrases


To trademark a phrase, it needs to be used in way that identifies a source of goods and services. This applies to brand names, like Nike; or brand slogans, like Just Do It. Simply using the phrase as a t-shirt design will not be enough to make it eligible for trademark. If the phrase was also used on the neck label or hang tag, that would differentiate it from just being a t-shirt design and could make it eligible for trademark.


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## mgparrish (Jul 9, 2005)

Skinbus said:


> If any of you are boxing fans, you may remember a guy named Michael Buffer. When he did the fight introductions, he would use the phrase "let's get ready to rumble." If I remember correctly, I think he had that protected somehow but I'm not certain how it was done. (later) I just googled "let's get ready to rumble" & it came up with an interview with Buffer explaining how he came up with the phrase & it's definitely trademarked. Not only that but is worth $400 million to him.


Yes, trademarked but not copyrighted. Microsoft trademarked "Where do you want to go today?" which can be considered a common phrase before they used it. It's all about context with trademark.


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## mgparrish (Jul 9, 2005)

camconcay said:


> good advice here however you can trademark these types of phrases but trademark protection is very narrow and requires the proper trademark filings etc and then you have to go after anyone infringing. Get r done (and several variations) are trademarked and protected, not copyrighted in and of themselves but the owner trademarked the phrase for use on particular items (like t-shirts).
> 
> Not trying to be negative, but unless you are (or were) selling thousands of shirts it is going to be hard to prove damages, and not monetarily worth the trademark and cost of pursuing infringement. If you know a lawyer they might be willing to send a cease and decist letter for little or nothing, and actually you can do so yourself but carries a bit more weight if it is formal and from an attorney.


Dead on Steve.


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## GordonM (May 21, 2012)

Don't send a cease and desist unless you have a bona fide claim. If you don't have a trademark you can only go by some copyright you feel you have, and in the United States a C&D could be construed as a DMCA takedown notice. It is illegal to file a false DMCA notice, which would be the case for most any slogan or saying that you haven't actually filed with the Copyright Office, and received a certificate.

No one trademarks slogans on t-shirts unless they're selling them by the thousands. Otherwise it's not worth the expense. You make more money by being clever all over again.


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## GordonM (May 21, 2012)

Buffer, Johnny Carson, Trevor Denman (horse racing)... These and others enjoy a unique form of trademark by being significantly associated with a famous slogan (right of publicity rules). They don't even have to register specific uses. Johnny Carson was able to stop a portable toilet company from using "Here's Johnny," even though he never filed a claim for that use.

Most of us are not in this position.


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## royster13 (Aug 14, 2007)

GordonM said:


> They don't even have to register specific uses. Johnny Carson was able to stop a portable toilet company from using "Here's Johnny," even though he never filed a claim for that use.


He may not have won but rather out spent and outlasted the other side....Just like in Survivor, the real winner does not always win....


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## GordonM (May 21, 2012)

royster13 said:


> He may not have won but rather out spent and outlasted the other side....Just like in Survivor, the real winner does not always win....


The Carson case has held up even after his death. The case is well-known precedent, and follows similar cases. 

When it comes to well known people who have developed a catch phrase, slogan, vocal sound, even movement (Carson's pantomime of swinging a golf club is unique among standup comics, and is significantly associated with Carson), the courts almost always side with them. In many cases, the losing side ends up spends more, because they are corporations or entertainment companies defending their alleged infringement.


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## RuzCustomTees (Sep 21, 2011)

I think even if legally you could protect it, it would in practice be impossible. What if someone in China makes the same T-shirts and sells on internet. Can you deal with the protection of it internationally? So, as others said, just concentrate on your own sales. And be proud for coming up with a phrase that is worth stealing!


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## mgparrish (Jul 9, 2005)

GordonM said:


> Buffer, Johnny Carson, Trevor Denman (horse racing)... These and others enjoy a unique form of trademark by being significantly associated with a famous slogan (right of publicity rules). They don't even have to register specific uses. Johnny Carson was able to stop a portable toilet company from using "Here's Johnny," even though he never filed a claim for that use.
> 
> Most of us are not in this position.


It may work out to be a _defacto_ trademark, however, that case was based on a State common law right of privacy and right of publicity and not to be technically associated with Federal Trademark and Copyright laws. There is no such unique form of Trademark for celebrities in the Federal statute which has the authority for Trademarks. 

But I think that is what you meant ... a "unique form of trademark" in that precise language you used could be mis-understood by some.


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