Phoenix, AZ asked in Copyright, Intellectual Property and Trademark for Arizona

Q: So can I use “So Cool” on merchandise for free or not

That is all

2 Lawyer Answers
Alan Harrison
Alan Harrison
Answered
  • Trademarks Lawyer
  • Milford, CT

A: Answering this question accurately would require looking at exactly how you propose to show the words "so cool" and doing a thorough search of government records and the Internet to learn whether anyone else previously had registered or is using a similar looking set of words.

James L. Arrasmith
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Answered

A: I apologize for the confusion, but I need more context to provide an accurate answer. The phrase "So Cool" is a common expression and, on its own, is not likely to be protected by copyright or trademark laws.

However, there are a few scenarios where using "So Cool" on merchandise might be problematic:

1. If "So Cool" is part of a registered trademark for a specific company or product in the same or a related industry, using it on your merchandise could potentially infringe on their trademark rights.

2. If "So Cool" is used in a specific stylized font, logo, or design that is associated with a particular brand or company, using that same or a confusingly similar design could infringe on their intellectual property rights.

3. If "So Cool" is a key phrase from a copyrighted work, such as a book, movie, or song, and your use of it on merchandise is not considered fair use, it could potentially infringe on the copyright holder's rights.

To be sure, I recommend conducting a trademark search on the USPTO (United States Patent and Trademark Office) database to see if "So Cool" is registered for the types of merchandise you wish to create. If it's not a registered trademark and you're using a original design not associated with any other brand, you should be able to use "So Cool" on your merchandise without issue.

If you have any doubts or concerns, it's always best to consult with an intellectual property attorney for a professional opinion based on your specific circumstances.

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