Translation and language localization services have become even more important as companies expand their businesses and ideas globally. These services can include everything from legal translation to marketing localization. However, every language service company that handles projects like that should be careful when it comes to copyright translations. In an attempt to increase its global reach, one well-known, American fast food restaurant went beyond a simple business translation and stumbled instead into trademark infringement.
Copyright Translations
Kentucky Fried Chicken recently launched a Hispanic marketing effort that relied on localization services to incorporate their slogan- “finger lickin’ good” – into the Spanish campaign. Unfortunately for KFC that translation, “para chuparse los dedos,” may not be available for their use. Taqueria el Amigo, a Mexican restaurant in California, recently filed a lawsuit against KFC for trademark infringement. The restaurant’s owner says Taqueria el Amigo has been using the Spanish translation of KFC’s slogan since the 1980s, and that the phrase was trademarked in 2007. This 2007 filing ultimately allowed the United States Patent and Trademark Office to reject KFC’s trademark application for the phrase in February of this year. Although the application was not accepted, KFC still used the slogan in its marketing campaign. Taqueria el Amigo has reportedly suffered financial losses as a result. This lawsuit calls into question the status of a translation.
Does copyright protection extend to the translated version of a slogan? Is it an extension of the trademark, or is it an independent phrase available to be trademarked by somebody else? Typically, translations are legally categorized with other derivative works such as adaptations, arrangements, and alterations. Copyright protection is granted due to the skill required to recreate the same work in another language. For example, a novel and its translation would be categorized as two separate and original entities to be copyrighted. It takes little skill for any certified translation service to turn KFC’s simple slogan from English into Spanish, so it is unlikely that it would be considered original on these grounds. However, it seems the two restaurants’ slogans arose independently.
How will this impact the lawsuit? The court has yet to reach a decision on the matter, but it has the potential to be a precedent-setting case. With KFC believing they have the right to use their slogan, and Taqueria el Amigo claiming trademark infringement, the outcome is unpredictable. Does trademark protection extend to all translated versions of the trademark as well? Can independent trademark applications be granted to different people applying for protection of the same content, with the only difference being the language? California courts will be responsible for deciding. The takeaway here for any businesses looking to expand in the future is that it is imperative for any translation services performed to be checked thoroughly for originality.
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