Clinton Township, MI asked in Trademark for Michigan

Q: Can I use the phrase "Oh Yeah" (Kool-Aide Man's Catch Phrase) In the song?

I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or talk about the company's product(s) in any way. I did a trademark search for the spoken word (catchphrase) "Oh Yeah", but I did not find anything. I also reached out to Krafts-Heinz asking for permission, but they have not responded.

Is it legal to use a similar sounding catchphrase in my song? I know I am allowed to use the words "Oh-Yeah", but can I use it while sounding like Kool-Aide Man?


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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.

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