Genericide

News & Analysis as of

Use as a verb not always the kiss of death for trademarks: Elliot v. Google

Use of a trademark as a verb is an oft-cited example of trademarks becoming generic, and frequently used as an easy case of “genericide” by legal textbook authors (not to mention legal bloggers). The owners of famous...more

Is Tiffany Generic?

Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more

Crossing the Line into Genericide

Trademark attorneys constantly tell clients not to use their trademarks as a noun or a verb; trademarks are adjectives that describe who makes a specific product or offers a specific service. To allow your trademark to be...more

BAND-AID, TM Death by a Thousand Cuts?

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn...more

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