Re: What is immoral?

>On Thu, 16 Feb 1995, Robert Parker x593-8411 wrote:
>>
>> As far as I understand, one can not obtain copyright, trademark, or
>> design patent for the design that is "obscene", or "immoral". Where
>> are these tests defined.
>
>Terry Carroll wrote:
>
>For trademark, the issue is whether the mark is immoral, deceptive, or
>scandalous. This is in section 2(a) of the Lanham Act (codified as 15
>U.S.C. 1052(a). If you look at the annotations for that section, you
>should find some pointers to cases that provide the specific tests.
>

For an interesting case on this issue, check out In re Old Glory Condom Corp., 26 USPQ2d 1216 (TTAB 1993) (mark was registrable and not immoral; you can guess the facts).

Mark Lemley
Assistant Professor
University of Texas School of Law
mlemley[_at_]mail.law.utexas.edu Received on Wed Feb 22 1995 - 00:13:14 GMT