BUFFALO, N.Y. -- Buffalove: it's a term of good vides.
"It's been a great way for us to show the civic pride through what I think is truly a term of endearment for Buffalo," says Patrick Kaler of Visit Buffalo Niagara
Visit Buffalo Niagara uses #Buffalove to get people talking on social media about their positive experiences.
But when it comes to merchandise and specific logo designs, a battle is brewing.
Patty Watson, who owns Patty's People Pictures and makes apparel she calls "BuffaLove Apparel," is trying to trademark her design.
"In no way did I intend to claim the word Buffalove," she said "Not whatsoever."
An article published by The Public on January 13 suggests she's trying to trademark the word, too.
She tells Channel 2 that her application aims to secure her logo, which includes the word Buffalove, on apparel like shirts and hats.
Katie Couric wore one of Patty's "BuffaLove Apparel" hats on her recent visit to the city.
"It's just protecting my design and my work to get to that design," Watson said.
That's knocking Jim Sheehan's shirt off the market.
Sheehan was featured in a Channel 2 story last April about how he was selling his Buffalove t-shirts as a fundraiser for a child with cancer.
He later received a letter from Watson's lawyer about his design, which she believed, according to The Public, was a derivative of hers.
"The cornerstone of trademark infringement is likelihood of consumer confusion," explained trademark attorney Jonathan Brown.
Brown says this kind of law protects consumers from buying knockoffs.
However, trademarking slogans is more difficult because of their broad use.
He says courts elsewhere in the U.S. have denied business owners trademarking terms like "windy city" or "Boston strong."
Watson insists it's the design, including the buffalo, the heart, AND Buffalove together that she's trying to protect.
"Buffalove is an attitude and a positivity," she said.
Watson also said she knows there are other businesses who use the word Buffalove and even a band called Buffalove, which she supports.
Her argument is that their use of the word Buffalove doesn't interfere with hers.
"I really feel dear to my heart how in love with Buffalo I am and our community is right now," she said.
At the same time, she also wants to protect the financial interests of her business, which has been successful around the city and especially at Canalside, where her design is everywhere.
Despite the challenges surrounding the word Buffalove, she could secure the trademark if she can establish a penetration of the market through her advertising campaigns and sales.
"If she can establish that she is the owner of this trademark, she will only own it in connection with certain items, certain services," said Brown.
That means she'd own her design, not the word Buffalo, so we'd all be free to say and write without fear of a lawsuit.
According to Brown, who reviewed all applications, Watson's IS worded to trademark to "Buffalove" with regard to apparel and photography.
Brown says trademark lawyers often start broad knowing they'll need to narrow down exactly what they're going for.
Channel 2 was unable to reach Jim Sheehan on Thursday for comment.
