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A trademark is a word, symbol, or phrase used to identify particular products. Think of Nike and their swoosh. Common words and phrases can be trademarked by companies or individuals if the entity submitting the request can prove that the meaning of the phrase has a distinctive second meaning. Here are seven examples of individuals who have successfully turned their catchphrase into a trademark – and often, a hefty profit.
“Three-peat”
In 1988, Pat Riley and his Los Angeles Lakers were headed for a third consecutive NBA championship. The team started to use the term “three-peat” to describe their ultimate goal. Coach Riley claims the term originated from player Byron Scott. During the season, Riley registered the phrase as a trademark for use on merchandise. The Lakers’ third championship attempt was thwarted by the Pistons in 1989, but the Chicago Bulls accomplished the feat in 1993. Riley was able to slam-dunk all the way to the bank when the Bulls opted to use the phrase for championship merchandise.
In 2005, a group of USC students were anticipating a third consecutive BCS championship and attempted to trademark the phrase “Three-Pete.” The misspelling was created not only to avoid paying Riley for use of the phrase, but also to pay homage to coach Pete Carroll. The federal trademark board ruled that the spelling difference was not enough to differentiate it from Riley’s three-peat. When a student started to sell his own “Three-Pete” shirts he was served with copyright infringement notification. And, just like Riley, USC did not succeed in reaching a three-peat.
“Let’s Get Ready to Rumble!”
Michael Buffer, the boxing and wrestling announcer well-known for his booming voice and classic catchphrase, holds the trademark to this phrase, which he started using in the 1980s. By 1992 he had a federally registered trademark for it. The move turned out to be profitable, as Buffer has used the phrase for songs, video games, and lottery commercials. Always the entrepreneur, Buffer licensed the phrase to New York City taxicabs in the late 1990s for use in a welcome message, voiced by Buffer himself, encouraging riders to buckle their seatbelt before exclaiming “Let’s get ready to rumble…. for SAFETY!”
Buffer even appeared in a commercial for Kraft cheese and oh-so-cleverly changed the phrase to “Lets get ready to crumble!” for the company’s pre-packaged cheese crumbles. Surprisingly, Buffer has spared incarnations of the phrase involving many rhyming words. Look out fumble, bumble, stumble, humble, et. al.
“Let’s Roll”
There have been at least 17 approved applications to trademark the phrase “Let’s roll” since September 11, 2001. Heroic Choices, the charitable organization formerly known as the Todd M. Beamer Foundation, trademarked the phrase in order to sell merchandise with proceeds going to the charity. But 16 additional claims were granted to other companies, for use on other types of merchandise including rolling back packs, roller sports, soft pretzels, paint rollers, metal building materials and tapes. Even Rolling Rock beer offers you to “Let’s roll… and rock with Rolling Rock.” An applicant using the name “Let’s Roll Freedom Fighters” trademarked the phrase for use on just about anything you can buy in a gift shop; mouse pads, lighters, key chains and gun cases.
“That’s Hot”
Heiress Paris Hilton popularized her catchphrase “that’s hot” on her hit reality show The Simple Life. She was the subject of media scrutiny when she applied for a trademark for the simple and relatively common phrase. She was granted three trademarks in 2007: one for use in men and women’s clothing, another for electronic devices and a third for alcoholic beverages. She has used the phrase to promote a canned version of an Italian sparkling wine called Rich Prosecco.
Later in 2007, Hilton announced plans to sue Hallmark for using her image and trademarked phrase on a greeting card. Hallmark claims that the card is fair game because it is parody; Hilton feels her rights have been violated. Currently, it is unclear if the case will go to court.
You know what I love about MentalFloss? I have a final exam tomorrow and two topics have been covered in two stories (well sort of): graphics and trademarks. Both stories will serve as memory joggers and I’m eternally grateful. This site rules.
posted by Tricia on 1-23-2008 at 9:38 am
USC’s “three-pete” mantra was the source of much ridicule because in fact, they only had 1 BCS championship (the other “championship” was a Season-ending AP Voters Poll). And yes they failed to win their back-to-back BCS bid.
I wonder if One-Pete is trademarked?
posted by steve on 1-23-2008 at 9:52 am
The Colorado Rockies, in their amazing run to the 2007 World Series, tried to copyright “Rocktober” — after it had already appeared as the banner headline in both Denver dailies. They were as unsuccessful with that bid as they were against the Red Sox.
posted by Lindy on 1-23-2008 at 9:57 am
I own the phrase “Shit up and ride” as applied to cycling.
posted by fixedgear on 1-23-2008 at 10:09 am
Errr, ’shut up and ride’ as I cannot type.
posted by fixedgear on 1-23-2008 at 10:10 am
Wine in a can, eh? What’s next? That’s not so hot. I’ll stick with the boxed variety. Thanks.
This article will really help me in the Cranium tournament tonight, by the way.
I’m officially trademarking my own catch phrase now. I won’t tell you what it is until I can legally protect myself.
posted by Greg F. on 1-23-2008 at 10:16 am
Isn’t there a Family Guy episode when the Pope visits and, before he steps off the plane, the announcer at the airport says “Let’s get ready to humble!”? Just throwing that out there… one of those things that hangs out somewhere in the dark recesses of the brain until it’s needed, I suppose. ;-)
posted by Roger on 1-23-2008 at 10:17 am
fixedgear - you should totally TM the first one, also!
posted by Roger on 1-23-2008 at 10:19 am
Ha! Good stuff.
posted by Tom on 1-23-2008 at 10:45 am
That Denny Green line cracks me up every time.
/Maybe it’s because I’m a Bears fan and that was a great game. Also “We let ‘em off the hook!” Hahahahaha!
posted by Moon on 1-23-2008 at 11:11 am
Did Donald Trump ever succeed in getting his “You’re Fired!” tag line trademarked?
That was the first time I had ever heard of someone attempting to trademark two words (or three if you are one of THOSE people).
posted by Rnast on 1-23-2008 at 2:11 pm
I seem to recall reading about Texas A&M threatening to sue the Seattle Seahawks for using their phrase “The 12th Man” in reference to their fans. Never did hear the outcome of that one
posted by Ralph on 1-23-2008 at 3:15 pm
Fixedgear - you have me CRACKING UP at your phrase…I see tshirts, bumper stickers, koozies, keychains with that phrase…its perfect!
posted by donner on 1-23-2008 at 10:30 pm
Texas A&M ended up with a nice settlement and the Seahawks are supposed to acknowledge the trademark whenever they use the ‘12th man’ phrase. Not sure what they’re going to do since every other NFL seems to want to swipe the tradition to describe their fan base…
posted by texag on 1-23-2008 at 11:09 pm
Is “Bam!” really a phrase? If so, then don’t forget the word “Word” being trademarked by Microsoft. You might be inclined to sue, but they’ve also trademarked the word “Money.”
Ralph, the Seahawks eventually settled with A&M last year. I believe they admitted no wrongdoing and chose to pay an undisclosed amount in order to license the right to use “The 12th Man” phrase into the foreseeable future.
posted by Aaron on 1-24-2008 at 7:13 am
Does anyone own the rights to “That’s a bowl full of awesomenesstastic, minus the bowl” ??
Cha-ching!!!!!!!!!!
posted by Jared on 1-24-2008 at 12:39 pm
or maybe Conan O’Brien should attempt to trademark his “How bout a nice tall glass of Shut-Up Juice?”. I can see that being used for a myriad of products.
posted by Molly W. on 1-24-2008 at 2:34 pm
I think “The Donald” was trying to trademark “You’re fired!” Can anyone confirm?
posted by kevin on 1-25-2008 at 12:31 am
what about Merry Christmas? or achoo?
posted by nana on 1-28-2008 at 1:20 pm
How about the Patriots trying to get “perfect season”?
posted by giants fan on 2-8-2008 at 5:26 pm
The trademark on Three-Peat should never have been allowed, because in order to register a trademark you must prove use in commerce. Since they didn’t win the “three-peat” it was not used and should not have been registerable.
posted by Ray Trygstad on 2-14-2008 at 4:13 pm
Caroline,
Your story was all about trademarks, why did you say the USC students got a “copyright infringement” notice? don’t you think it was a “trademark infringement” notice?
Anyone curious to know if a mark has been registered in the U.S. can look it up on the trademark office’s website.
There you will see that GOOD NIGHT MY SWEET ANNA BABY was not registered as a trademark, though an application was filed. The application is abandoned.
posted by avid reader on 2-18-2008 at 7:05 am