Catchphrases Are Difficult To Charge Royalties For, Claims Lawyer

Can You Be Sued For Using A Catchphrase?

Tomorrow will see a trademark auction for the phrase "Man of the Match", following the OFS Group, the phrase's current owners, decision to sell up.

However, anyone hoping to snap up the slogan and charge royalties for use of it are going to be sorely disappointed; assumptions in the press that using the phrase could get you sued are somewhat wide of the mark, according to a trademark lawyer.

Fiona McBride, partner and trade mark attorney at Withers & Rogers, said anyone hoping to buy the phrase's trademark should appreciate that the scope of control they have in using it is limited to the marketing of specific goods and services.

"These rights will not extend to use of the phrase in other scenarios, such as after games or in reports about matches. Indeed, the common fear that brand owners will be permitted to leverage royalty charges for any and every use of the phrase, simply isn’t accurate.”

McBride added: “The authorised use of a trade mark always has certain conditions attached, and in the case of a generic phrase, this is particularly pertinent. The benefit for the brand owner will come from being able to use the phrase to brand goods such as pens, mugs and clothing, as well as specific services.”

At the time of going to press, other tired cliches from football such as "football's a funny old game", "he gave 110%" and "it's a game of two halves" had not been trademarked.

There were other phrases from outside sport which apparently have been trademarked; The New Statesmen highlighted on 17 September a number of other well known phrases which have been trade marked, including:

“Keep Calm and Carry On”

Registered by Surrey businessman Mark Coop after challenging the British court's decision that it couldn't be trademarked.

After getting the European Union to rule in his favour, he reportedly started serving notices on other companies to get their versions of the poster withdrawn.

The battle may not yet be over however, as there's a campaign group set up to try to overturn the EU ruling.

"Let’s Get Ready to Rumble"

The notorious boxing announcement is owned by boxing and wrestler announcer Michael Buffer, who has since licenced it to New York City taxi cabs in the 1990s, where it was used to remind passengers to fasten their seatbelts.

According to the New Statesman, by 2009 the phrase made him over £246m.

"That's Hot"

Ever-present socialite Paris Hilton trademarked this phrase in 2007.

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