A recent story in USA Today asked whether “iPad” will become the generic term for tablet computers. While I’m glad that the media are discussing trademarks at all, I think the article didn’t accurately communicate how and why some trademarks become generic, while others don’t. Let’s take a look at the concept of Genericide, applied to how Apple positions its products, and show why “iPad” is not generic for “Tablet” in the real world. Genericide “Aspirin” was originally a trademark owned by Bayer. Over time, the word became, in the eyes of the public, a generic term for the underlying…
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Archives: Trademarks
Baseball Trademarks
April 4, 2012
It’s time once again for my favorite season: baseball season. In that spirit, I thought I’d share a few baseball trademarks and stories.
Trayvon Trademarks
March 28, 2012
Trayvon Trademarks Trayvon Martin’s mother, Sabrina Fulton, has applied for two U.S. trademark registrations related to her late son’s name: I AM TRAYVON and JUSTICE FOR TRAYVON – for “Digital materials, namely, CDs and DVDs featuring TRAYVON MARTIN; Digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring and promoting TRAYVON MARTIN; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital discs featuring TRAYVON MARTIN; Digital media, namely, CDs and DVDs featuring TRAYVON MARTIN; DVD cases; DVD sleeves; DVDs featuring TRAYVON MARTIN.” The applications…
Girls Gone Wild, the Material Girl, and “Barbie Girl”
March 20, 2012
Madonna’s new album, MDNA, is set to be released at the end of March. Along with the attendant publicity, Madonna has also received a cease-and-desist letter from none other than Joe Francis, creator of the adult video franchise Girls Gone Wild. Francis threatened to pursue legal action in court against Madonna for the singer’s use of his trademark, “Girls Gone Wild,” as the title of a song on the upcoming album. Francis sent the letter just before Madonna’s Super Bowl halftime show performance, ordering her not to perform the song “Girls Gone Wild.” Madonna did not perform the song (although…
