Why This Case Matters for Brands and Creators

The recent Sweaty Betty slogan dispute has highlighted a growing challenge for brands, influencers and marketing teams: who actually owns the slogans shared online? As businesses increasingly use catchy phrases, hashtags and user-generated content in campaigns, the line between creative expression and protected intellectual property is becoming more important — and more complicated.

Understanding the difference between copyright, trade marks, and ownership of social media content is now essential for any business creating brand messaging or working with influencers. This article explores the lessons from the Sweaty Betty dispute and what brands should do to avoid similar issues.

What Happened in the Sweaty Betty Slogan Dispute?

Sweaty Betty launched a campaign using the phrase “Strength in Motion”, which had already been used extensively by an independent fitness instructor on social media. The instructor claimed the slogan was part of her brand identity and that Sweaty Betty’s campaign created confusion among her audience.

Although the slogan was not registered as a trade mark, the creator argued she had built recognisable goodwill around the phrase. Sweaty Betty later removed certain posts, but the situation highlights a broader question: when does a slogan belong to its creator, and when is it free to use?

Why Slogans Matter for Brand Identity

Slogans — short, memorable phrases — often become powerful brand assets. Think Nike’s “Just Do It” or Tesco’s “Every Little Helps”. Even for smaller businesses, a strong slogan can support brand recognition, social media engagement and customer loyalty.

The challenge is that copyright rarely protects short phrases, so creators often assume they have ownership simply because they were “first to use” the slogan online. In reality:

• A slogan is not automatically protected by copyright.
• A slogan can be protected by trade marks if distinctive.
• Without protection, anyone may be free to use it — unless goodwill and confusion can be proven.

The Sweaty Betty slogan dispute demonstrates how quickly unprotected brand messaging can create legal tension.

Copyright vs. Trade Marks: What Really Protects a Slogan?

Copyright

This rarely applies to short expressions, meaning most slogans fall outside its scope.

Trade Marks

A slogan can be trade marked if:

• It is distinctive
• It is not purely descriptive
• It serves as a badge of origin

Trade mark registration provides:

• Exclusive rights
• Stronger legal remedies
• Clear ownership
• The ability to stop others using the same or similar slogan

More details on trade mark registration can be found here:
https://tennantip.co.uk/trade-mark-registration/

Why Creators and Influencers Must Protect Their Messaging

Influencers frequently develop distinctive phrases, taglines or hashtags that become part of their online identity. If these aren’t protected, larger brands may adopt similar messaging — intentionally or unintentionally — with little recourse available.

The Sweaty Betty slogan dispute shows that relying on:

• timestamps
• social media posts
• online reach

…is not a substitute for legal protection.

Creators should consider registering slogans that form part of their brand identity — especially when planning collaborations, launches or merchandise.

What the Sweaty Betty Slogan Dispute Means for Brands

Businesses launching new campaigns must ensure that slogans:

• are not already in use commercially
• have not built goodwill for another party
• will not cause confusion among consumers
• are available for trade mark protection

Failing to perform basic checks can lead to disputes, reputational damage and costly reworks.

Before using a new slogan, brands should consider:

• trade mark searches
• social media usage checks
• competitor analysis
• internal sign-off procedures

If in doubt, seek early advice from a Chartered Trade Mark Attorney.

Lessons from the Sweaty Betty Slogan Dispute for Creators and Businesses

The line between content creation and legal ownership is increasingly blurred.

Marketing teams should:

• Build IP checks into campaign planning
• Keep records of how slogans are developed
• Avoid assuming a phrase is “free to use”
• Protect key messaging early

Influencers and creatives should:

• Identify slogans central to their identity
• Check availability before monetising a phrase
• Secure trade mark rights when appropriate
• Use clear contracts for collaborations

This ensures clarity and avoids disputes like the Sweaty Betty slogan case.

The Sweaty Betty slogan dispute is a clear reminder that slogans need proactive protection to avoid confusion and costly rebranding.

FAQ: Slogans, Copyright & Trade Marks

Can I trade mark a slogan?

Yes. If it is distinctive and not purely descriptive, a slogan can be registered as a trade mark, giving you exclusive rights in connection with your goods or services.

Are slogans protected by copyright?

Usually not. Copyright rarely protects short phrases, which is why trade mark registration is often the best option.

What if someone uses my slogan without permission?

If the slogan is registered as a trade mark, you may be able to prevent its use. If not registered, you may still have passing off rights if you can show goodwill and consumer confusion.

Do influencers need to protect their slogans?

Yes — especially if the slogan forms part of their identity, merchandise, or brand collaborations.

Speak to a Chartered Trade Mark Attorney

If your business uses slogans, taglines or distinctive messaging, we can help you:

• assess availability
• register trade marks
• resolve disputes
• protect your brand identity

Contact Tennant IP for guidance on protecting your slogans and brand assets.