The other thread is going to be locked by the OP so we needed a new place to discuss it.Google "Common Law" or read the FAQ's on the US Patent offices site on it. You know the same organization that started this thread."What are “common law” rights?Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application." http://www.uspto.gov/faq/trademarks.jsp "If a sports fan decides to produce and sell Washington Redskins gear without obtaining advance permission from the team, and the gear creates a false representation that it originated from the NFL’s Washington Redskins organization, then that fan may be in violation of improperly benefiting from the use of the team’s common law protected trademark and be forced to pay damages related to the infringing use." http://www.forbes.com/sites/darrenheitner/2014/06/18/loss-of-redskins-trademark-registration-is-overblown/ http://www.washingtonpost.com/blogs/dc-sports-bog/wp/2014/06/18/todays-ruling-does-not-mean-you-can-open-your-own-redskins-merchandise-shop/
