"The key word in this question is “earned.” Trademarks are not born; rather, they must be earned. By using a mark in connection with a good or service, the user acquires some trademark rights. Interestingly, though trademarks are protected under both state and federal law, you do not have to register a trademark in order to have it protected"
According to the complaint, Ron Paul has earned that trademark:
"Ron Paul is the owner of RON PAUL U.S. trademark. Ron Paul has acquired rights in the mark by virtue of it’s use within the United States, including a large volume of sales of Dr. Paul’s books. The RON PAUL mark has achieved a secondary meaning associated with Ron Paul sufficient to establish common law trademark rights. RON PAUL has long been associated with Dr. Paul’s books, articles, public appearances, and political commentary."
The issue is, does ronpaul.com belong to the RON PAUL trademark?
"If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, an
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