Foxworthy v. Custom Tees, Inc.
United States District Court for the Northern District of Georgia
879 F.Supp. 1200 (1995)
- Written by Sarah Holley, JD
Facts
Jeff Foxworthy (plaintiff) was a comedian known nationwide for his “you might be a redneck if . . .” jokes, for example, “you might be a redneck if . . . you’ve ever financed a tattoo.” Foxworthy had a comedy album entitled “You Might be a Redneck If . . .” that sold more copies than any other comedy album in over a decade; Foxworthy had a calendar with 365 “you might be a redneck if . . .” jokes printed inside, one for every day of the year; and Foxworthy sold t-shirts with his redneck jokes on them, among other merchandise, at his concerts and elsewhere. When Foxworthy discovered that Custom Tees, Inc. (defendant) was selling t-shirts bearing near replications of his jokes, Foxworthy sued for unfair competition, claiming ownership to the phrase “you might be a redneck” as a trademark and seeking to enjoin Custom Tees from using that or a similar phrase. The only difference between Foxworthy’s jokes and those appearing on the t-shirts was the format, for example, “if you’ve ever financed a tattoo . . . you ain’t nothin’ but a redneck.”
Rule of Law
Issue
Holding and Reasoning (Freeman, J.)
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