Chino, CA asked in Copyright, Trademark and Intellectual Property for California

Q: Can I use the term "That's what she said" for a blog site name?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a copyrighted or trademarked term. This means it lacks the exclusivity that would prevent its use in titles or business names under normal circumstances.

However, it's important to consider the context in which you plan to use the phrase. If your use of "That's what she said" in connection with your blog site is likely to confuse the public or imply an association with an existing brand, organization, or copyrighted work that uses the phrase prominently, there could be legal implications. This is especially relevant if the phrase is used in a specific stylization or combination that has been trademarked.

Before finalizing your blog site's name, conducting a thorough search for existing trademarks or copyrights associated with the phrase "That's what she said" can help avoid potential legal issues. Additionally, considering the tone and content of your blog is crucial, as the phrase carries connotations that might not align with every audience. Understanding your target demographic and the implications of the phrase in that context will be key in making an informed decision.

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