Common Short Codes: The Next Venue for Trademark Disputes

Originally published in Trademark World, April 2007

The next venue for trademark disputes?

While even the least tech-savvy person knows about the existence of domain names, even the most tech-savvy trademark attorney may not know about the growing use and importance of common short codes on their client’s marketing efforts, or their potential impact on trademark interests. As U.S. companies increasingly embrace text messaging as a marketing approach, their use of common short codes has soared as a brand-awareness tool. Trademark attorneys should be aware of this new technology and the potential trademark issues it may generate.

What is an common short code?

Common short codes (CSCs), or simply "short codes," are five- or six-digit numbers (as contrasted with traditional ten-digit number strings) that people can use to send and receive plain text messages on their mobile phones using the short message service (SMS) protocol. A short code, analogous to traditional SMS texting, is an