John W. Carson, better known as Johnny Carson, was the host and star of \"The To
ID: 433279 • Letter: J
Question
John W. Carson, better known as Johnny Carson, was the host and star of "The Tonight Show." His announcer used the phrase "Here's Johnny" to introduce Mr. Carson from the time the first show aired in 1957. Carson licensed the phrase for use with a clothing line he endorsed as well as a line of men's toiletries. In 1976, a Michigan corporation began manufacturing and selling portable toilets for use at construction sites and at large outdoor events. The toilets were called, "Here's Johnny Portable Toilets." The company also used the phrase, “The World's Foremost Commodian" in describing its product. Mr. Carson filed suit. What would be the basis of his lawsuit?
Explanation / Answer
In this case first of all short phrases cannot be protected by copyrights although it can be trademarked by registering it through UPSTO. In this context we can easily make out that the phrases are similar but not identical and the purpose is also different as in the first case Johnny is an entertainer where as in the other case it is used in promoting protable toilet or commode hence the products are different so Mr. Carson may not be able to establish the fact that he desire to and the lawsuit may be closed.
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