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
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.