Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?
I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.
Thanks in advance.
A:
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into problems trying to register that phrase (serial no. 87288007) because a similar registered mark existed (serial no. 86481725) for "I'LL BE YOUR HUCKLEBERRY". I recommend you get a clearance opinion letter from a lawyer who can search for things that are similar, and analyze what your liability may (or may not) be and also help you secure your own trademark registration. Expect to budget approximately $500 for an opinion letter, and about $500 to obtain a federal trademark registration, assuming you're clear to do so.
As a husband of a dietician with two little kids (and who also likes the movie Tombstone--not sure what direction you're going with that theme), your product sounds fun! Good luck with the new business!
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