Home -> Law Blog Directory -> Consumer Law Blogs -> 43(B)log

Consumer Law

: 43(B)log

Even I think this is a mistake

By Rebecca Tushnet

I don't believe that "generic" uses of famous run any risk of genericide; people can easily understand that kleenex is tissue and Kleenex is a brand of tissue. But that depends on ready knowledge of what else to call the thing at issue. Without a famous mark, and without a common descriptive name, generic use can make a term generic. For example, this picture of the back of a box of cereal we bought should be used to counsel clients on what not to do:
Kamut, for all that appears, is a type of grain, just like oats and barley. An Ancient grain, no less. Marking it with a registration symbol and a dagger that says the term is used under license won't help if people have nothing else to call the stuff.

Full post as published by 43(B)log on August 19, 2008 (boomark / email).