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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Invalid Trademarks?

        While Tabberone does agree that many companies presently have valid registered trademarks and registered copyrights, we feel there may be some question as to the validity of statements used to obtain these trademarks and copyrights.

        Under Section 2 of the Trademark Act (15 U.S.C. §1052), a trademark request can be refused if it "consists of or comprises immoral, deceptive, or scandalous matter".

        19CFR12 prohibits merchandise produced by convict, forced, or indentured labor, including forced child labor.

        Licensees of companies use "sweat shops" in countries known to allow working conditions that fall under the definitions in 19CFR12. these countries include, but are not limited to, China, Pakistan, Bangledesh, Thailand, etc. Why do these companies allow such out sourcing? Because they get paid for licensing their products and many get royalties on top of the fees.

        We believe most of these companies know, or reasonably should have known, of this activity for decades as part of their "strict quality control measures" they assert in the defense of their licensed products. In reality, these companies have little control over the processes used to make the licensed products. Many do not have any quality control measures beyond the licensing fee statements in the contracts.

        Disclosing this "immoral" activity on trademark and copyright applications conceivably would have placed in jeopardy the approval of same. We believe the failure to disclose this information invalidates many, if not all, of the existing trademarks and copyrights held by many comapnies.

37 C.F.R §2.69 Compliance with other laws: "When the sale or transportation of any product for which registration of a trademark is sought is regulated under an Act of Congress, the Patent and Trademark Office may make appropriate inquiry as to compliance with such Act for the sole purpose of determining lawfulness of the commerce recited in the application. "

        It's going to be interesting to see what the federal courts think about the willfull violation of these federal statutes should the issue ever be raised.

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