[zuzu]

We were totally ripping him off, and didn't even know it! Apparently, the quote "it's 5 o'clock somewhere" is a phrase that has been trademarked by Mr. Buffet...We've been using it on our tees at Cafe press for a little while now...Our items were flagged, and taken off the site. Since I never (EVER) listen to Jimmy Buffet music, I had NO idea...I feel really bad about it. I thought it was just an expression! In fact, my business partner, who is from New Orleans, always thought the expression was "it's noon somewhere". Guess they start drinking a bit earlier down there ;)

Anyhow, I just had to share. If anyone has any non-trademarked phrases that would look cute with little pink cocktail glasses, let me know!

stacy

[system bath]

Would you get in trouble if you switched a few of the words around?

to say..... "SOMEWHERE it's Noon" or (5 o'clock)

;)

Shelley

[merrow]

What about "It's Happy Hour Somewhere," or "Somewhere it's Ladies' Night?"

[jrotem]

Don't feel bad, just change it. We've all (people I know at CP) have been there!
Just curious -- did you get an email letting you know it was flagged?

[zuzu]

ooh...I like "it's happy hour somewhere"

Jean, I didn't get an email about it...and I'm really bad about updating my Cafe Press site, so I don't know how long it's been flagged. I'm actually really glad they let me know about it...I don't want to rip anyone off!

[MairzeyDotes]

Growing up in a big family that likes their happy hour....at weekend family get-togethers someone was always asking "Is it 5 oclock yet?" Maybe you could use that? My grandfather even had a hat w/ a clock on it (I know picture that) and all the numbers were 5!

[jrotem]

Thanks .. we are supposed to get emails but many people don't, and as a member of the CP Voice team I wanted to know if you did. We keep telling them that SKs aren't getting emails.

By the way, they aren't doing it as a favor to us when they flag -- the CP legal depart has to keep on top of things for their own protection anyway. They have deeper pockets than we do and make for a much better target ; . Of course it helps you avoid any sticky issues to be told. :D

jean

zuzu, on May 14 2008, 02:02 PM, said:

ooh...I like "it's happy hour somewhere"

Jean, I didn't get an email about it...and I'm really bad about updating my Cafe Press site, so I don't know how long it's been flagged. I'm actually really glad they let me know about it...I don't want to rip anyone off!

[fosterscreations]

Stacy,
We just had this discussion at the Big Dog store as he tried to get them to stop using the phrase as well but their shirts are considered Parodies at least that is what the lady at Big Dog told us. She said Alan Jackson didn't have a problem with them using the phrase (he sings the song with Jimmy). In my opinion since it is just a phrase and the name of a song doesn't justify it being trademarked or in this case I believe it would be a service mark as it is a tagline per se. Sometimes I think the USPTO is entirely too loose with its translation of what is trademarkable. I mean come on they let Bath and Body Works trademark Warm Vanilla Sugar. I think they even allowed them to trademark Sweet Pea which is a flower name for pete's sake.

I would go with the It's Happy Hour Somewhere. I like that.

[zuzu]

Mairzey...I like "is it 5 o'clock yet" too!

Fosters...the "warm vanilla sugar" trademark is hysterical...seriously. I heard that Starbucks tried to trademark "grande"...not sure if that's true. It's all a bit ridiculous sometimes.

...oh, and silly me for thinking that CP was looking out for ME!! But I can see why they want to cover their own arses first...they have way more at stake!

thanks everyone!

[jonesgirl]

I don't know if it's trademarked but you could use something like "It's Beer-O'Clock Somewhere" or insert the proper drink name. My sisters use that phrase all the time but I don't think they TM'd it. :)