Trademarks rights must be maintained through actual lawful use of the trademark.
The test is whether there is a lawful use for the device.
"It's basically just a legal document that describes the lawful use of the property."
The lawful use of corpses to facilitate the study of anatomy - Voted yes.
The construction brought the facility into compliance with fire code regulations to allow the lawful use of seating in the balcony.
Whether lawful use of a highway can amount to a public nuisance (post, p. 459A-D).
Where a device or software has lawful uses, it would obviously be unsatisfactory to ban its sale.
At common law, it is unlawful to obstruct a highway or to interfere with its lawful use.
There is a very, very significant lawful commercial use for that device, going forward.
In addition, other Schedule I drugs (such as cannabis) have lawful uses.