News & Analysis as of

Genericide

Life in the Lowercase Lane: Lessons for Trademark Owners About Genericide

Death by genericide is a painful way to go, for trademarks that is. When the public comes to think of a trademark as the common word for a product or service -- as opposed to identifying its exclusive source -- the trademark...more

MarkIt to Market® - August 2017

The August 2017 issue of Sterne Kessler's MarkIt to Market® discusses lessons for trademark owners about genericide, lists the new gTLD Sunrise periods, and upcoming speaking engagements. Please see full Newsletter below...more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

by Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

My Namesake Triumphs: Tiffany & Co. awarded $19.35 million

The four year saga ended (at least for now) with Tiffany & Co. being awarded for its vigorous fight to maintain its trademark and protect against genericide. As previously reported, Tiffany & Co. filed suit against Costco...more

Media Law Bulletin: Google: Everybody Does It Everywhere — But It’s Still Trademarked

by Sedgwick LLP on

The U.S. Court of Appeals for the Ninth Circuit recently held that the Google brand continues to enjoy trademark protection, notwithstanding that the word “google” has entered (maybe stormed) the popular lexicon to describe...more

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

No Trademark Genericide: GOOGLE Is Not “a Google”

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit made a point to remind trademark litigants of the relevant laws and policies pertaining to trademark “genericide” when it sustained summary judgment in favor of ubiquitous search...more

Wait… “GOOGLE” is Not a Generic Word?

by Field Law on

Is Google a brand or just a word meaning “conduct an online search”? A trademark can suffer “genericide” when it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous...more

But Is It Okay to Google His Name? T-Pain Not Guilty of Genericide

“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court...more

Google Escapes Genericide Claim in Ninth Circuit Decision

On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become...more

“GOOGLE” Survives Attempted Genericide

On May 16, 2017, the Ninth Circuit affirmed Google Inc.’s summary judgment win in a lawsuit that sought to cancel the GOOGLE mark on the ground it has become generic. In early 2012, David Elliot registered 763 domain names...more

“I googled it”: Generic Words and Trademark Rights

by Field Law on

A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service....more

Trademark Law & Genericide: Google's Not Dead Yet

by Lewitt Hackman on

Domain name registration is usually a good first step to cement trade name and mark ownership. In a previous blog we reminded readers that possession, even in Intellectual Property matters, is nine-tenths of the law...more

Even GOOGLE Can Google After All

by Fish & Richardson on

In a well-reasoned opinion, the 9th Circuit Court of Appeals recently held that the GOOGLE trademark has not suffered death by genericide – even if the public uses it as a verb for searching the Internet. The case before...more

GOOGLE Mark Is Not a Victim of Genericide

by BakerHostetler on

On May 16, 2017, internet search engine and content provider Google Inc. was handed a win by the United States Court of Appeals for the Ninth Circuit in Elliot v. Google Inc. The court ruled that the GOOGLE trademark had not...more

Do You Google? Court Holds “Google” Not Victim Of “Genericide”

by Cole Schotz on

You may know that “aspirin,” the word commonly used to describe acetylsalicylic acid, was once a trademark ­– i.e., brand name – for the acetylsalicylic acid made by one company: Bayer. The word “aspirin” lost its trademark...more

Ninth Circuit Confirms GOOGLE Is Not Generic

by Brinks Gilson & Lione on

On May 16, 2017, the Ninth Circuit affirmed the district court’s finding that the GOOGLE trademark had not become generic, providing guidance on preventing genericide. Elliott et al. v. Google, Inc., No. 15-cv-15809, 2017 US...more

How to Protect Your Trademark From Genericide

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully. The US Court of...more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

by Knobbe Martens on

In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of...more

The Genericide of the Turkey Stick: Another Thanksgiving Trademark Tale

For the past few years, the Trademark and Copyright Law Blog has marked Thanksgiving with a note about the history of turkey trademarks. Last year, we discussed the ownership of GOBBLE GOBBLE, and before that we told you why...more

RECOVERY from a Surprise Genericness Refusal?

Reliant Beverage Co., makers of “Recovery Water,” has an endorsement from Russell Wilson and heaps of buzz surrounding the purported benefits of its products and “nanobubbles,” but thanks to some errors from both Reliant and...more

Costco Eats Crow for Its Breakfast at Tiffany’s

by Fish & Richardson on

Founded in 1837 by Charles Lewis Tiffany, Tiffany & Co. is now arguably the world’s best known jeweler. The company claims to have introduced the first-ever mail-order catalog in the United States, the Blue Book®. Tiffany...more

Samsung Boards Brandverbing Bandwagon

Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note? Samsung has federally-registered in the U.S. the...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

by Sands Anderson PC on

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

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