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ARTICLE · 22 AUGUST 2009

Protecting Marketing Slogans And Sentences

HopgoodGanim
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A recent Federal Court decision illustrates the importance of seeking trade mark protection for phrases or slogans which are used as marketing tools.

AustraliaIntellectual Property
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Michael Morris, Senior Associate
Marcelo de Farias

A recent Federal Court decision illustrates the importance of seeking trade mark protection for phrases or slogans which are used as marketing tools. This decision confirms the reluctance of courts to recognise that phrases or slogans constitute literary works which are capable of copyright protection.

Background

Regulations were enacted in the State of Victoria in 1995 which required licence holders or owners of taxis to fit their cab with a driver duress alarm, which would display a message to people outside the cab if the driver was in danger.

The alarms had to be programmed to display a repeating message in "correct word sequence" consisting of the "help words" Help-Driver-in- Danger-Call-Police-Ph.000.

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