Patent intellectual property protection for a bumper sticker

[phin]

I'm a little confused by this ruling that phrases on a bumper sticekr cannot be legally protected. I can see that say, it is not possible to protect the phrase "Have a Nice Day" ot even "Got Jesus?" in itself ,so that the simpel utterance of it in certain cintexts - not beign able to use "Super Bowl" in ads for instance - can resuly in livcensing fees and IP disputes. Biut isn't a particulat bumper sticker a product in the same way a poster, t-shirt or coffe mug is a product, and that product includes any text or images placed upon oit. Aren't such things protectable so that no one can say, simply reproduce a coffe mug you sell that says "Today is the first dya after yesterday"?

What protections should/can one obtain for such products?

 

[Michael Wechsler]

The difference between one and the other is "Have a Nice Day" is a common English phrase using English words. The term "Super Bowl" is not necessarily general English words and, put together, may take on a special meaning. How often will you use the words "super bowl" together? Now you can certainly use it for general English usage, e.g. "Have your cat drink in a super bowl. " Or you can have a picture of a bowl and call it a "super bowl" and explain why it is. But if you're trying to reference the Super Bowl with regard to a football product, then you're using the words to reference someone's trade mark or trade name. It's like using "Enjoy Coca-Cola!" While it seems something at odds with our personal freedoms, Coke may wish to ensure that something that uses its brand that is generating revenue results in (a) it receiving a cut; and (b) positively reflects upon the brand. Make sense?