3 Key Issues To Consider Before Choosing An Ad Slogan

November 2013

As we've seen this year in disputes involving companies such as Victoria's Secret, Accenture and Bausch & Lomb, a catchy slogan can do more than just get consumers to notice and buy a product or service. An effective slogan also can draw attention from competitors. Giving in to the urge to "just do it" when selecting a slogan could be a mistake that sinks a carefully crafted advertising campaign, or worse, gives rise to protracted and costly litigation.

No matter how clever or appealing a new slogan may be, the company planning to use it should carefully consider three legal questions: Is the slogan protectable? Does the slogan infringe someone else's mark? Is the slogan susceptible to a false advertising challenge?

To continue reading Robert Lehrburger and Benjamin Jackson's article from Law360, please click here.