Category

Genericide – Genericness
uhaul vs pods
What began as a trademark infringement case, developed into a battle of possible “genericide” when two popular moving and storage companies went head-to-head in federal court. Back in 2012, PODS sued U-Haul for trademark infringement for its use of “pods” under both state and federal laws. U-Haul countered that it was not infringement, because pods...
Read More
Trademark Abandonment
Trademark Abandonment Trademark Abandonment – Under  section 45 of the Lanham Act a mark will be abandoned under certain circumstances: (1) When its use has been discontinued with intent not to resume such use. There are two parts to this element.  “Intent” may be an actual statement, or implied by circumstances.  What continues a discontinuation...
Read More
Genericide: How Success May Cancel Trademark
Genericide: How Success May Cancel A Trademark Genericide Discussion – What do the terms “Thermos,” “Aspirin,” and “Yo-Yo” have in common?  They are all very successful products that have actually lost their trademark protection under the Lanham Act due to a doctrine known as Genericide.  In general, when accused of trademark infringement, one of the common defenses...
Read More

Recent Articles

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
April 26, 2021
A Rose By Any Other Name … But Likely Not a Trademark
April 5, 2021
Trademark Modernization Act of 2020: Increasing Protective Measures
March 1, 2021