Lorillard treasures its measure of 'pleasure'.

• Position: Triad

Miller Brewing Co. tried in the '80s and lost. So did developer-turned-reality television star Donald Trump in 2004. Now Greensboro-based Lorillard Inc. is sparring with Winston-Salem competitor R.J. Reynolds Tobacco Co. over whether a company can commandeer an everyday word or phrase for its exclusive use in advertising. The word is "pleasure." Resolving the issue likely will mean lots of pain for the North Carolina Business Court in Greensboro, where Lorillard's trademark-infringement lawsuit and Reynolds' countersuit await hearings.

"It's going to be a tough one," says Charles Lankau, a professor of business law, communication and negotiation in Wake Forest University's business school. Lorillard registered "Pleasure!" in 2005 as a trademark for its Newport cigarette brand, and Reynolds registered the word two years later as part of several phrases, including "Revolution in Pleasure," to promote its snuff. In 2009, after an initial litigation skirmish, the companies agreed that Reynolds could use "pleasure" as part of a sentence in its advertising but couldn't highlight it.

Lorillard contends Reynolds is violating the agreement by, among other things, using the word in some of its Internet domain names. A Lorillard spokesman declined comment. Reynolds spokesman David Howard says Lorillard is, simply put, full of snuff. "We will vigorously defend against Lorillard's claim and prosecute Reynolds' claim because we believe Reynolds' use of 'pleasure' has always been lawful."

The tiff illustrates how zealously companies protect brand...