Hospital steals my famous slogan

I am a very famous Tanzanian artist and have popularized the slogan “you better watch your back”, which I use in my campaign against homosexuality. The slogan has become extremely famous and many people now associate it with me. Recently, I discovered that a government hospital is using exactly the same slogan in a campaign encouraging people to take care of their backbone and spinal health. I am furious because I came up with this slogan first and made it famous. Can I sue the hospital for using my slogan without my permission?

JK, Dar es Salaam

Your slogan may be famous, but unfortunately fame alone does not necessarily give you exclusive ownership of every word you popularize. Under the Copyright and Neighbouring Rights Act, copyright protection extends to original literary and artistic works. However, short and commonly used expressions such as this would be unlikely qualify for copyright protection on their own, particularly where they lack sufficient original expression. Therefore, merely popularizing the slogan does not automatically give you copyright over the words themselves.

There is, however, another possibility under the Trade and Service Marks Act which proffers protection against unauthorized uses, provided the slogan is registered as a trade or service mark. However, registration does not necessarily give you exclusive rights to the expression in every conceivable context. The nature of the goods or services, the manner in which the slogan is used and the likelihood of confusion are relevant. Even where a slogan is unregistered, the law preserves the possibility of an action for passing off, provided the necessary legal requirements are established.

In your case, the hospital appears to be using the expression in its ordinary sense to promote spinal health, rather than to identify its services with your artistic activities or campaign. Unless there are additional circumstances showing infringement, misrepresentation or another legally recognized wrong, a successful claim against the hospital appears unlikely.