Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?
I am an illustrator using this quote in my art; it is sold on prints, clothing, etc. A clothing company in Southern California has claimed to have trademarked this quote for their clothing business. I was under the impression that books in the public domain were fair game for everyone.
A: Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to distinguish them from the goods or services of others." So to trademark this quote, you'd need to use it an identifier of source of you or your business. For example, the phrase, "Just Do It" is a trademark of Nike, and "I'm Lovin' It" is a trademark of McDonald's. Obviously there's many ways to trademark a word or phrase, but the deciding factor for registration is how it is being used in commerce. If you would like to discuss this further, email me at: Jason@altviewlawgroup.com
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