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Is there such a thing a common-law definition of a word or

 
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  • Answered by:Alex Reese
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Customer Question

Is there such a thing a common-law definition of a word or phrase, or only common-law trademarks specific to a context? I ask because someone is insisting they own the definition of a phrase based on common-law and trademark, and they are trying to use Google Alerts (http://www.google.com/alerts) to monitor and enforce the definition.

Thanks,
Nick

Submitted: 982 days ago.
Category: Intellectual Property Law
Value: $22
Status: CLOSED

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Expert:  Alex Reese replied 982 days ago.

A definition of a word/phrase is not protected by trademark law. There is no such thing as a "common law definition"...but a common law TM exists when one uses a mark in commerce in connection with goods/services, assuming the mark is sufficently distinctive and not merely descriptive of the goods/services

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Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2409
Answered: 8/3/2010

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