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Genericide – Genericness

Genericide – Genericness

Movin’ On Up: PODS Beats U-Haul in Trademark Infringement Case              

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 has become a generic term and has lost its distinctiveness in the market.

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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 of use is tougher to determine […]

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Genericide: How Success May Cancel A Trademark

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 is “genericness.”  This defense says that the term is so […]

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Contact Orange County Trademark & Copyright & Business Attorney | IP Litigation Lawyer

Anthony Cartee, Esq.

714-942-2225

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Serving Orange County, CA

Orange County Office:
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333 City Blvd W 17th Floor
Orange, CA 92868
714-942-2225