by OZe on October 16th, 2009

OZe

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Are you in favor of genericide?

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  • by Thriftymaid on October 16th, 2009

    Thriftymaid

    What is genericide and how does it relate to trademark law?

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    • It means taking trademarked names and turning them into generic words. See Escalator, Thermos, Xerox, and Kleenex.

      OZe

      by OZe on October 16th, 2009

    • I had never heard the term before. Well, it's not really something to be in favor of or not -- society picks up these brand names as generics. The owners of the brands can protect themselves but they have to stay on top of it. Example is lawsuit against a restaurant chain who served Coke when customers ordered Pepsi (or vice versa - can't remember now).

      Thriftymaid

      by Thriftymaid on October 16th, 2009

    • It's not exactly like the Coke / Pepsi thing. If average people start saying "I am going to google something" when they mean they are going to run a search on Yahoo, Google has no legal right to stop them. I know this. Trust me, unless you want to hear the long explanation. If enough people starting using "google" generically for search, Google will lose its right to the mark. Some people purposefully engage in genericide just to mess with trademark owners.

      OZe

      by OZe on October 16th, 2009

    • That's true. I'll trust you as it's been too long since law school and this is an area in which I am not up to speed.

      Thriftymaid

      by Thriftymaid on October 16th, 2009

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