It’s a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because “words and short phrases such as names, titles, and slogans” are “not subject to copyright.” 37 CFR §202.01.

So even though a short phrase like “just do it” might be protectable as a trademark, it is not copyrightable, and the mere presence of such a phrase in both Song A and Song B is not enough to make Song B an infringement, even if plaintiff proves access and copying. See, for example, Lessem v. Taylor, 766 F. Supp. 2d 504 (S.D.N.Y. 2011), in which the parties’ works both included the phrase “this is how we do.”