Re: Re: Common law rights in scandalous and immoral marks

Subject: Re: Re: Re: Common law rights in scandalous and immoral marks

Comments:
: : : I have been researching the issue of what rights under the common law does one have in using scandalous and/or immoral trademarks on its products. Unfortunately, I have been unable to come up with anything. Do you have any experience with this issue? Thanks. : : Dear David, : : The question is too broad to be able to give a workable s scancalous nature. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensiveT : : Reality Check® : Dear Mr. Auslander: : I'll be more specific. We have been unable to register a trademark because the examiner feels that the mark is immoral, i.e., sexually explicit. I am looking to find out if there are still common law rights remaining, even though federal registration is not possible. If the product begins to sell and the goodwill of the mark increases substantially, where are we left if other parties decide to exploit this unregistrable mark? Would we stil be able to enjoin them under common law principles or are we simply out of luck because we chose this type of mark? I appreciate your help. : David

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