The Seventh Circuit Court of Appeals is currently deliberating on whether to grant a California-based T-shirt company a retrial in a trademark dispute concerning its use of the phrase “This We’ll Defend” on its products. The court is examining whether this phrase, traditionally associated with the U.S. Army, is sufficiently distinctive to warrant trademark protection under federal or common law.
During the proceedings, the judges expressed uncertainty about the phrase’s protectability, questioning if its widespread use renders it too common for exclusive rights. This deliberation underscores the broader legal challenge of determining the protectability of phrases that are both widely recognized and associated with specific entities.
The outcome of this case could have significant implications for businesses and organizations that utilize common phrases in their branding. A decision favoring the T-shirt company might set a precedent that limits the scope of trademark protection for widely used slogans, potentially affecting how entities safeguard their intellectual property.
Legal professionals and corporations are closely monitoring this case, as it may influence future trademark disputes involving common phrases and their association with specific organizations.