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Ok, folks, here's the deal on this, and it ain't as bad as you think...
Trump isn't trying to copyright "you're fired" he's trying to trademark it. There is a HUGE difference.
A copyright is a right of authorship and it means people can't copy from you. If he were to copyright the phrase "you're fired" it would effectively be taken out of the lexicon. It is largely for this reason that you can't copyright a common phrase like this.
But that's not what he did. He sought a trademark.
A trademark is a designator of goods and services. In other words, a trademark is something you use to identify yourself as the source of a product. "Coke" is a trademark - when you see it, you think the product being sold under that name is from Coca Cola.
You can get a trademark registration in 2 ways:
1) Use the mark as a source identifier, and then apply for the mark claiming first use. That means you tell the Patent and Trademark Office that you have a trademark and you have been using it since ______ date.
2) File the mark as an "intent to use" application, where you basically say "I mean to use this mark, so I'd like to get my application on record before everyone starts copying me."
Trump is doing the latter.
The other thing you do when you establish a trademark is you identify the types of products you sell using the mark. Just having a trademark on the word "Apple" (to use a classic example) doesn't mean you get to stop everyone else from using the word "apple." It means you get to stop others from using the word "apple" to sell the same things you do. (This, incidentally, is why Apple Records and Apple Computer are in a fight: everything was fine and dandy until Apple Computer started selling music)
So, what Trump is doing is saying "hello world, I mean to start marketing some products under the trademark "You're fired""
Ah, and what line of products does he claim he wants to sell? Games, playthings and casino services. He's not trying to stop people from saying "you're fired" at work or anywhere else. (incidentally, I read into this that Trump is exploring a home version of "The Apprentice," as well as some sort of casino game - I'd be interested in seeing what his deal with Burnett and NBC has to say about that).
The simple fact is that if nobody else uses the phrase to sell games, playthings and clothing, then he has every right to start and to stop others from doing so after him.
FYI, he's also seeking a mark for clothing, but only for the phrase "You're fired! Donald Trump." Based on a quick perusal of the PTO web site, it seems he was not first at the door for "you're fired" all by itself when it comes to clothing.
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A little silliness now and then is cherished by the wisest men. -- Willy Wonka
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