Trademark travesty

You're fired!" Soon, this catchy phrase may be the newest possession of real estate and casino mogul Donald Trump, who recently applied for a trademark on the line with the U.S. Patent and Trademark Office. Though not nearly as legally stringent as a patent, a trademark will give Trump the exclusive right to use the phrase in association with merchandise. The "The Apprentice" star plans to slap the logo on everything from T-shirts to slot machines. \nCertainly the saying "You're fired!" is not new. But should the trademark go through, your future employer can still fire you by stating the obvious. The trademark will not encumber everyday use of the quip. \n In one respect, we support Trump's trademark application. One of the foundations of a successful capitalist system is legal protection of intellectual property. Our economy would come to a screeching halt if innovators were not able to collect on the fruits of their creations. Trump is clearly associated with the slogan, and he deserves the right to profit from it.\n But he's not the only one doing the firing. Trump is facing a legal challenge from a Chicago area pottery merchant who was already capitalizing on the phrase. Susan Brenner has labeled all of her goods with "You're fired" since 1997 -- it's a pun on the firing process used to create pottery. \nBrenner is entitled to a local trademark of the line even though she has never applied for a trademark, attorney Marvin Benn told Reuters. Her challenge casts doubt on whether Trump is entitled to the legal protection a trademark provides.\nBrenner's case certainly raises some issues with Trump's latest business endeavor. She too uses the phrase fair and square. But on the other hand, if Trump is denied a trademark, any person will be able to cash in on his newfound notoriety of "You're fired!"\nPerhaps Trump's best option would be to trademark a trait less common than an already-established phrase. Instead, he could attempt to trademark one of his more unique qualities -- like the ability to make a billion, go bankrupt and then make a billion again. \nOr, he could put a patent on womanizing. Trump has had two wives and an untold number of girlfriends. This also might lead to him copyrighting prenuptial agreements -- according to www.eonline.com, his second wife received under $5 million, as opposed to his first, who received more than $50 million when the couple divorced. \nRegardless of the outcome of the "You're fired" decision, Donald Trump will still make a mint from "The Apprentice," he'll still be the head of a multi-billion dollar business empire and, more importantly, he'll still be America's favorite rich guy. Trademark or not, we need not worry for Donald Trump.