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Re: Re: Re: Common law rights in scandalous and immoral marks[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on July 02, 2003 at 21:13:31: In Reply to: Re: Re: Common law rights in scandalous and immoral marks posted by David on July 02, 2003 at 08:17:02: : : : 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, : : M. Arthur Auslander : 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 Dear David,
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