Legal Strategies for Protecting Brands from Genericide: Recent Trends in Evidence Weighted in Court Cases

Abstract

Under the Lanham Act and the Trademark Revision Act of 1988, trademarks may be cancelled if it is ruled that consumers use the brand name to describe a generic category. Trademark cancellation, or “genericide,” has high stakes in that it can result in the loss of a valuable corporate asset. The authors provide an overview of the history of trademark cancellation cases and examine what types of evidence are considered in such cases. The authors provide an analysis of trends in recent court rulings and advice for avoiding genericide.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 19 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.