Trademark Law

Wisconsin Could Face Trademark Fight over Slogan ‘Live Like You Mean It’

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Wisconsin is seeking trademark protection for its new slogan, “Live like you mean it,” but some critics are vowing a fight.

The phrase has been used by motivational speakers, authors, a real estate developer and Bacardi, the Associated Press reports. Dietician Ellyn Luros-Elson co-wrote a book by that name and says she will fight the state’s application. “They are not going to get a federal trademark. I just wanted to let them know that,” Luros-Elson told AP.

The state’s brand manager, Sarah Klavas, begs to differ. She told the wire service that multiple entities can use the same phrase as long as they are promoting different items. University of Wisconsin-Madison law professor Anuj Desai said the state should have no legal problems as long as consumers don’t confuse the state’s marketing efforts with those of another entity or person.

At least five active trademarks already cover use of the term. One trademark holder is a Lexington, Ky., real estate developer. The developer’s lawyer, Todd Stockwell, told AP he would “absolutely” be reviewing the state’s plans.

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