Fail Like You Mean It

Sorry Scarlett, but Wisconsin's new state slogan is already inspiring something...and it's not exactly unanimous praise.

Gov. Jim Doyle said Mothe state will use "Live Like You Mean It" to promote Wisconsin as a tourism and business destination, replacing the slogan "Life's So Good." I don't think that's what the advertising and creative types call "an improvement". Yes, that is a technical term. Additionally, motivational speakers, authors and even spirit maker Bacardi have already used the phrase in marketing campaigns.

Critics who aren't thrilled the state is adopting their slogan may oppose its attempt to get federal trademark protections on it or even take legal action. "They are not going to get a federal trademark. I just wanted to let them know that," said Ellyn Luros-Elson, with all the power of a dietitian who co-authored a 2006 book by that name. "It doesn't make sense the state is going to use something they know has already been put out there."

The state's brand manager, Sarah Klavas, said the Department of Tourism thoroughly vetted the phrase before introducing it and is confident there will be no trademark infringement. She said the state applied for a trademark with the U.S. Trademark and Patent Office and is awaiting approval. A legal review, which included hiring an outside firm, turned up no problems and she noted that multiple entities can use the same phrase as long as they are promoting different items. The Department of Tourism plans to use the new phrase in advertising campaigns and is encouraging other state agencies to follow suit.

"This is another tool we'll use to keep loyal visitors coming back, communicate why a business should relocate or expand here, and let talented employees know why they should choose Wisconsin," Doyle said. Because clearly all of those just scream "Live like you mean it"! Coming up with the slogan and accompanying logo — which shows a silhouetted figure doing a cartwheel across letters spelling out Wisconsin — wasted cost $50,000. The money came from the department's annual $10 million marketing budget, which shows that they could have used some of that other $9,950,000 to improve that shitty slogan.

A University of Wisconsin-Madison law professor (naturally) said they doubt the state would have legal problems. As long as there is no risk that consumers will confuse the state's marketing with someone else's, the likelihood of problems is low. Given the term's widespread use, another UW-Madison professor was surprised the state was seeking trademark protection, since a quick web search revealed broad use in the public domain.

At least five trademarks covering the term's use are active, according to a U.S. Trademark and Patent Office database. Companies are using the term to promote real estate, clothing, and other merchandise; one headed by retired NFL great Bill "I ended the career of a teammate by punching him so hard in the face from my 'roid rage that it crushed his orbital bone" Romanowski deploys it to market dietary supplements and energy bars. Bacardi dropped the trademark in 2008 after using the term in its print, television and in-store advertising for years. The company has no plans to bring back the slogan, which is far more fitting a boozy night with sluts than an entire land mass, and does not oppose Wisconsin's use.

Others who use the term say it's premature to talk about potential legal action but aren't ruling it out. A lawyer in Kentucky registered the phrase as a trademark in 2007 for a local real estate developer who sells condominiums and student housing, and would "absolutely" be reviewing the state's plans. That's also the position of a personal development trainer from the New England area who uses the term as the title of her program, and palns to release an audio CD and a book using the slogan.

Here are some of the new proposed mottos for other states

California: "Close To Becoming The New Mexico, But We're Not Yet"

New York: "You Better ♥ NY As Much As Us Or We'll Be Even More Obnoxious If You Don't"

Texas: "Homophobes On The Range"

Oregon: "When Northern California Isn't Goofy Enough"

Arkansas: "Yokel's Paradise"

West Virgina: "Almost Fully Paved City Roads And Indoor Plumbing"

Florida: "America's Asshole"

Delware: "Really, We're A State"

Nebraska: "Bleak All Week"

Maine: "Oregon Of The Northeast"

Ohio: "Goodbye-O!"

New Mexico: "Don't Confuse Us With California"