Copyright again

[jttheclockman]

This is a question that probably can not be answered here but I will throw it out there in case someone may have some knowledge.

I am wanting to do some scrolled clock work and also some pens based on the theme "It's 5 O'clock Somewhere" I know Jimmy Buffett has the song and others have done it probably paying royalties. But is the theme or the words copyrighted or trademarked and not for general use??? Has this been challenged??? Is there a challenge to be had??? The combination of Margarettaville and that song has produced famous photos of martini glasses, parrot and Jamaican beaches. I am sure we all have seen these. I would like to make a pattern for scrolled work and as I said do some pens with that theme.

Any thoughts or helpful insight would be appreciated. If you know actual facts and want to PM me and not post then feel free to do so. Thanks in advance.

 

[ed4copies]

Best advice: Consult a local copyright attorney, who will defend you if "they come a'knockin".

 

[mark james]

Jimmy Buffett Fights To Protect Boozy Slogan - Bankruptcy Beat - WSJ

Maybe use: "Somewhere It's 5 O'clock." His attorney makes more than your attorney :drink:arty::island::bananen_smilies027:

 

[CREID]

Sorry for being off on a tangent here, but this reminded me of when we were little, my sister actually stepped on a pop top and cut her foot.

 

[jttheclockman]

Jimmy Buffett Fights To Protect Boozy Slogan - Bankruptcy Beat - WSJ

Maybe use: "Somewhere It's 5 O'clock." His attorney makes more than your attorney :drink:arty::island::bananen_smilies027:

Wish I could have read the whole thing but will not subscribe. That article looks like it was written in 2010.

Thanks

 

[Edgar]

Basically the suit was based on the fact that the defendant merely used a ! at the end of the phrase & Buffet claimed that that was not a substantial change to his trademark. The suit was never decided because defendant filed for bankruptcy before it got to that point.

Maybe something like "Surely it's 5 o'clock somewhere" or something along those lines? I have no idea about such things though.

 

[sbwertz]

The expression "It's five o'clock somewhere" was a popular expression long before the song was ever written. I remember it from a cartoon in the 60's of a drunk hanging off a lamp post with the caption "It must be five o'clock somewhere."

 

[jttheclockman]

The expression "It's five o'clock somewhere" was a popular expression long before the song was ever written. I remember it from a cartoon in the 60's of a drunk hanging off a lamp post with the caption "It must be five o'clock somewhere."

I like that line "it must be 5 O'clock somewhere" That is not in the song.

 

[Smitty37]

It's a bit confusing---generally speaking titles of works can't be copyrighted, It's not at all unusual to see books with the same title as other books. What they are claiming is Trade Mark which is a different animal.

But Sharon is right, the phrase "Well it must be 5 o-clock somewhere" has been in use for years often preceded by "I never drink before 5 o-clock". I have seen it in old movies and I've seen it in cartoons and I've heard it in bars (I probably used it myself in my drinking days).

I'm not at all sure the store wouldn't have won that battle. You can't claim a trade mark for phrases already in use. I have to my knowledge never heard the song but I'm sure familiar with the phrase.

The expression "It's five o'clock somewhere" was a popular expression long before the song was ever written. I remember it from a cartoon in the 60's of a drunk hanging off a lamp post with the caption "It must be five o'clock somewhere."

EDIT IN -BTW the cartoon depiction Sharon referred to was also used on a figurine that came out much earlier. My brother bought a house in 1965 that had a bar built into the basement and on the bar was that figurine - so it existed long before Buffet's song.

I like that line "it must be 5 O'clock somewhere" That is not in the song.

 

[jttheclockman]

Here you go Smitty. Alan Jackson joins Jimmy Buffett From what I am reading he trademarked the phrase.

http://www.youtube.com/watch?v=BPCjC543llU

 

[dogcatcher]

I believe the saying was Trademarked, not Copyrighted. Read through this pile of garbage. Who said it first? - etymology cliches sayings | Ask MetaFilter

 

[jttheclockman]

I believe the saying was Trademarked, not Copyrighted. Read through this pile of garbage. Who said it first? - etymology cliches sayings | Ask MetaFilter

Yes I believe I will be OK if I change the wording to as mentioned. I have seen so many items with that phrase on it and not sure any of them has permission or if there are any legal rights by him. None of the items are songs so that maybe the loop hole.

 

[Smitty37]

Here you go Smitty. Alan Jackson joins Jimmy Buffett From what I am reading he trademarked the phrase.

http://www.youtube.com/watch?v=BPCjC543llU

Trade Marks of a common phrase are only to uses specified in the Trade Mark application. For instance APPLE is a registered trademark but it only covers Apple Products (computers, ipads, iphones etc). It surely doesn't stop one from using the word apple in other contexts. The same applies to "Surely it must be 5 o-clock somewhere." they had to specify what kind of things they are protecting. You can find out what it applies to by looking it up at the TASS website and see the list.

The above is fact. Now my opinion is that dropping the word "surely" would nullify their trade mark since that is a common everyday phrase that has been used since at least WW II and probably before that.

 

[Skie_M]

Actually .... "It's 5 O'Clock Somewhere" happens to be the actual trademarked and copyrighted name of the song as well as the album... which trumps the whole "common usage" argument.


Now ... if you made a prototype and sent it off as a gift (bribe) to Alan Jackson and/or Jimmy Buffet and asked politely for permission to use that trademark, they may feel generous and permit you to do so, but I have no idea what your odds of success might be...

 

[jttheclockman]

Actually .... "It's 5 O'Clock Somewhere" happens to be the actual trademarked and copyrighted name of the song as well as the album... which trumps the whole "common usage" argument.


Now ... if you made a prototype and sent it off as a gift (bribe) to Alan Jackson and/or Jimmy Buffet and asked politely for permission to use that trademark, they may feel generous and permit you to do so, but I have no idea what your odds of success might be...

I highly doubt he has people checking craft shows for violations on this theme. He is not like Disney, Harley Davidson or any sports teams. If so he would have to go after so many makers of items just on ebay alone and add Amazon to the list. I feel secure in what I will do now. Thanks everyone.

 

[Penultimate]

Greetings
Like Smitty said the Trademarks are registered for specific goods. For example, one of the 4 TM's registered by Margarittaville is for gambling chips.

If Margaritaville did see you using the their TM phrase you would most likely get a cease and desist notice. So no big deal, you just stop and it's over. That's what my company does, it's not worth paying lawyer fees for small time violations. Not that your small time but you know what i mean.

 

[Smitty37]

He can not have a copyright on the name of a song...titles of books, songs scientific papers, speeches etc. may not be copyrighted only the contents. No it does not "trump" the common usage argument. Use of a common phrase can be trade marked for specific uses which must be specified in the registration. No one can willy nilly trade mark a phrase just because they happen to use it in a song. Even if the song is a hit.

Actually .... "It's 5 O'Clock Somewhere" happens to be the actual trademarked and copyrighted name of the song as well as the album... which trumps the whole "common usage" argument.


Now ... if you made a prototype and sent it off as a gift (bribe) to Alan Jackson and/or Jimmy Buffet and asked politely for permission to use that trademark, they may feel generous and permit you to do so, but I have no idea what your odds of success might be...

 

[Kragax]

I have heard that phrase since I was a kid. (before Buffet was born most likely) and used it myself (from time to time lol). If I wanted to use it Id use it. I think Ill trademark the word Hello. Jeeze.