Illinois Goes to Court to Protect ‘Happy State’ Image

Illinois has gone to court to protect its planned new billing as the state of happiness.

The Department of Commerce and Community Affairs on Monday asked U.S. District Judge Bernard M. Decker for a protective ruling allowing the use of a new tourism promotion slogan--”Illinois, you put me in a happy state.”

The department plans to introduce the slogan, and a $10-million tourism advertising campaign, this month. But an Arlington, Va., souvenir company has threatened to sue if the state goes ahead with the campaign.

Happy States of America Inc. told state tourism officials in a letter that the “happy state” slogan would violate federal trademark laws, the state’s lawsuit said.

But Gary Starkman, a lawyer representing Illinois, argued that the company’s slogan is not registered and that it is not possible to claim exclusive rights to a generic slogan such as “happy state.”