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...
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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...
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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...
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Recent Articles

Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators
March 1, 2022
Students Making Sense of a New Landscape: Name Image and Likeness in College Athletics
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Fandom and Fair Use
January 3, 2022