Homework Help: Questions and Answers: Which of the following can provide protections to Nike®’s slogan “Just Do It”?
A. Copyright
B. Trademark
C. Patent
D. Industry design right
Answer
To solve this question, let’s first understand which form of protection applies to Nike’s slogan “Just Do It”.
Given Options: Step by Step Answering
a) Copyright
- Copyright protects original works of authorship such as literary, musical, and artistic works, including written slogans in certain circumstances. However, it typically covers things like books, songs, paintings, etc., not commercial slogans.
- Since slogans are usually considered short phrases and not creative expressions in the way copyright law requires, copyright protection generally does not apply to slogans like “Just Do It.”
b) Trademark
- A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product. It helps distinguish the goods or services of one business from others.
- Nike’s slogan “Just Do It” is a phrase used to represent their brand and product. It is a well-known marketing slogan, and slogans used in this way are typically protected by trademark law. Nike has indeed registered “Just Do It” as a trademark, meaning that it prevents others from using this phrase to sell related goods.
c) Patent
- Patents protect inventions or processes that offer a new way of doing something or provide a new technical solution to a problem. It covers inventions, machines, and methods, not phrases or slogans.
- A slogan is not an invention or a technical process, so patents do not apply to slogans like “Just Do It.”
d) Industry Design Right
- Industrial design rights protect the visual design of objects that are not purely utilitarian, like product designs or ornamental aspects. It is typically used for things like the design of shoes, bottles, or other physical objects.
- A slogan is not a visual design or product shape; therefore, industry design rights do not apply to slogans.
Final Answer
Based on the above analysis, the correct form of protection that applies to Nike’s slogan “Just Do It” is:
B. Trademark
Trademarks are specifically designed to protect brand identities, including slogans, logos, and other identifying marks used in commerce. Nike’s “Just Do It” is indeed a registered trademark, providing legal protection for the company’s use of this phrase in its marketing and branding efforts.
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