Home Depot and Florida hardware chain working to resolve ad slogan lawsuit
By The Associated Press
Posted 1:10AM on Wednesday, October 29, 2003
<p>Home Depot and a southwest Florida hardware chain have been working to resolve a lawsuit over similar ad slogans.</p><p>Home Depot confirmed Tuesday the company and Sunshine Ace Hardware are trying to schedule voluntary mediation. The Florida company sued Home Depot in June in federal court, saying the Atlanta-based hardware giants You Can Do It. We Can Help slogan violates a trademark held by the Florida company.</p><p>Sunshine _ a four-store chain _ has been using the slogan You Can Do It. We Can Help for years, company attorney Jennifer Whitelaw previously said. The chain began selling hardware in 1964.</p><p>In the lawsuit, the Florida chain is requesting Home Depots 1,618-store chain be barred from using the slogan. But the companies may resolve their differences within 90 days, according to a motion filed by Sunshines attorneys last week.</p><p>The Home Depot slogan _ which a marketing expert called perfect for the company _ is the heart of the companys $350 million ad campaign. The company has applied to register the slogan with the U.S. Patent and Trademark Office but the office has not yet determined whether to approve the application.</p><p>But the company could find another slogan to reinforce its message that it can help people make their own household repairs and improvements, said Ken Bernhardt, professor of marketing at Georgia State University.</p>