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Dear Rich: We have a t-shirt business in which we use a slogan and then add a geographic location — imagine something like, “I Wish I Were in [City]” or “There’s No Place Like [City].” I know our slogan is ornamental and I want to overcome that objection. I have read and talked to other attorney friends that if we can add a logo/artwork to the shirt itself (think “Life is Good” pre-artwork incorporated, and then post artwork incorporated), we would then be able to protect the slogan (in addition to the logo/artwork under copyright law).

If your goal is to cordon off a few words such as “I Wish I Were in …” or “There’s No Place Like …” and stop others from using those words in connection with the names of geographic locations, you’ve got a very difficult challenge ahead of you

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