Do you think it's ok to allow a company to copyright a phrase like, "Who's your daddy?"?

Question

I designed a t-shirt at "Cafepress.com" with my husband's pic and that phrase on it, and got this email from them:

The problematic area of your image was not your use of a picture of your husband, but rather your use of the phrase "Who's Your Daddy".

In accordance with our Intellectual Property Rights Policy, Matthew A. Becker representing Who's Ya Daddy, Inc., owner of the "Who's Your Daddy" trademark, provided us with a notice stating that your use of "Who's Your Daddy?" potentially infringes upon their intellectual property rights (copyright/trademark).



As you know CafePress.com is not in a position to evaluate the merits of an infringement claim made against you by a third party. In order to best protect ourselves from risk, we must take all allegations of infringement seriously and take action in removing the content from our site.

Answer 1

Geez, I wonder if they sent that notice to the Boston red Sox last year as they had this phrase on their T Shirts during their playoff run last year.

Answer 2

There are several entities that have "Who's Your Daddy?" trademarked. There would be several questions on if your use is infringing or not. For example, is there a possibility of consumer confusion on the products? Are you in an area of commerce that they're in or could forseeability be in?

While you can fight this if you want, the fact that they have a registered trademark gives them, by default, a superior claim. If they contest the use of the phrase, the entity that has posted the potentially infinging use -- CafePress.com, in this case -- does need to take down the potential infringement or risk liability on their own.

To fight this, you'd most likely need a trademark lawyer (not copyright).

Answer 3

no. its total crap. people have been saying stuff like "who's your daddy" & "youre fired" for.... well, for a really long time. unfortunately, cafepress.com is protecting their assets from being sued... because people sue for the stupidest things anymore. it is a stupid, endless cycle.

i would actually go ahead and have the shirt made with your husbands picture and add the phrase yourself using your printer & special iron-on stuff. they sell it at office supply stores like office max, etc.

Answer 4

No. It's like that Donald Trump thing. So what, now people can't say you're fired? What would they say instead? "I would really like it if you stopped working for me right now"?