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Trademarks and ‘Immoral or Scandalous Marks’ From a Business, Legal and Marketing Perspective

When faced with a client company using a scandalous name, attorneys should discuss with the client both the possibility of the name attracting customers with the target persona, as well as the potential to turn to potential customers in the secondary group.

Every brand wants to be memorable to the consumer, particularly consumers in the target market where a brand feels there is great potential. It’s not enough to be memorable, but also a brand firrst needs to capture the consumer’s attention in what is now a very crowded, competitive space. One way for a brand to capture attention may be a clever, risqué, vulgar or even obscene name that attracts attention. Memorable to some may also be off-putting to others.

Trademarks and ‘Immoral or Scandalous Marks’ From a Business, Legal and Marketing Perspective _ New York Law Journal[2]