We received some legal questions concerning our project. As a result, we closed shop for a few days to sort things out.
The following things were changed:
In an earlier blog post, we explained how we keep on adding sources and references to our database of generic trademarks.
This week I analysed the quality and independency of the different sources.
Good news. We have been expanding the website by adding examples and references for generic use of trademarks.
The Washington Post (375)
While setting up this website and collecting information, I found a (relatively) small number of freely available sources.
In this article I will share them with you. Do you have additional sources? Let me know by using the contact form.
“We’re a company that’s so successful and everywhere you go, you see a scratchy, hairy fastener and you say…
Hey, that’s Velcro.”
So begins the video the Velcro company released end of 2017. They attempt to protect their brand against genericide by releasing the video in which they ask the public "to stop saying “Velcro” and start instead saying “hook and loop.”
Analysing whether a certain trademark has become a genericised trademark is incredibly difficult.
One of the ways to help this analysis, is media usage. How is the brand name used in different media?
Link to newspapers
Today we added a new possibility to our website. It is now possible to link a trademark in our database to a mention in a newspaper. Look on the entry page "Astroturf" for an example (box on the top right).
Genericide is somethings described as brands being destroyed by their own success.
Several brands haven been very succesfull during the Corona crisis. Are they risking "to be destroyed"? Let us find out
Let us look into a first example, zoom, an online videoconferencing tool. The use has skyrocketed despite some privacy concerns, and many people and families are setting up "zoom calls". There is the concept of zoombombing, in which an intruder joins an ongoing call to wreak havoc.
The degree of distinctiveness exhibited by a trademark affects its eligibility to enforce it. In the US, distinctiveness is typically classified into four categories enumerated by the Second Circuit in Abercrombie and Fitch Co. v. Hunting World. Other legislators have followed the Abercrombie framework from that case, so it is interesting to add this to our database.