Intellectual Property Law

Wisconsin's "Live Like You Mean It" Slogan Faces (Misguided) Resistance

By Michael Atkins

Yesterday, Wisconsin announced a new promotional slogan: “LIVE LIKE YOU MEAN IT.” According to an AP story, some trademark owners lost little time criticizing the selection, noting they already have adopted the phrase to promote real estate, clothing, a diet book, and dietary supplements.

Those folks seem to overlook the fact that a trademark does not give its owner a monopoly over words. It doesn’t even give the owner a monopoly over words used in commerce to indicate source. Wisconsin’s selection is perfectly ok from an infringement and registrability standpoint as long as there is no likelihood of confusion with prior users or registrants.

California author Ellyn Luros-Elson warns, “They are not going to get a federal trademark, I just wanted to let them know that,” apparently based on her 2006 diet book with the same name. Yet even if the title of a book gave rise to trademark rights (and unless it is part of a series, it does not), there would seem to be little chance consumers would likely be confused between the author of a diet book and a place to vacation or hold a convention.

Indeed, the existence of three federal registrations (here, here, and here) itself may indicate that the mark can identify any number of sources of goods and services without causing a likelihood of confusion.

Unless they can prove likelihood of confusion, prior adopters of the LIVE LIKE YOU MEAN IT trademark should “live and let live.”

Full post as published by Seattle Trademark Lawyer on March 17, 2009 (boomark / email).