genericity

Consider how the various rationales intersect with other doctrines, such as genericity in TM: sex. com is generic, but there are still things that one can do with sex. com that will trigger liability to other people based on the domain name.

Archive 2009-10-01 Rebecca Tushnet 2009

Consider how the various rationales intersect with other doctrines, such as genericity in TM: sex. com is generic, but there are still things that one can do with sex. com that will trigger liability to other people based on the domain name.

WIPIP at Seton Hall part 2 Rebecca Tushnet 2009

Rebecca Tushnet's 43 (B) log: Evidence of genericity? skip to main | skip to sidebar

Evidence of genericity? Rebecca Tushnet 2009

My experience is probably more than a little coloured by the fact that Canada has an 'official' literary culture - government funded to maintain a distinct non-American Canadian identity - one which out and out advertises the kinds of prejudices against spectacle and genericity that I'm talking about.

The Latest Teacup Tempest Hal Duncan 2007

As they point out, it is a dubious practice to consider newspaper and dictionary definitions in the genericity determination, say that trademark owners are responsible for policing such uses, and then give them no cause of action against newspaper/dictionary misuse.

Recent reading on trademark genericity Rebecca Tushnet 2006

Rebecca Tushnet's 43Blog: Recent reading on trademark genericity skip to main

Recent reading on trademark genericity Rebecca Tushnet 2006

Since, however, such a cause of action would be a bad idea, the obvious solution is to no longer use such uses as evidence of genericity.

Recent reading on trademark genericity Rebecca Tushnet 2006

If tequila became generic, Mexican producers could still advertise “Made in Mexico” in huge letters – one question is whether a genericity finding would make it harder for producers of the original to convey origin information.

Works in progress: Sean Pager Rebecca Tushnet 2006

As they point out, it is a dubious practice to consider newspaper and dictionary definitions in the genericity determination, say that trademark owners are responsible for policing such uses, and then give them no cause of action against newspaper/dictionary misuse.

Recent reading on trademark genericity Rebecca Tushnet 2006

For example, the authors state that, when trademark owners invest a lot of money to create secondary meaning, they usually succeed; therefore, a finding of genericity if the manufacturer guessed wrong about the status of the name can lead to a lot of actual “de facto” confusion and inefficiency.

Recent reading on trademark genericity Rebecca Tushnet 2006