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Simple English definitions for legal terms
genericide
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A quick definition of genericide:
Genericide: When a word that used to be a brand name becomes a common word that everyone uses to describe a whole type of product, not just the one made by that company. This means the company can't protect their brand name anymore. For example, "escalator" used to be a brand name for moving stairs made by one company, but now everyone uses it to describe any moving stairs. Companies can try to prevent this by adding descriptive words to their brand name and not using it as a verb, but sometimes it still happens.
A more thorough explanation:
Genericide is a process where a trademarked term becomes a common word used by everyone. This happens when people use the term to refer to any product of that type, not just the specific brand. When a term becomes generic, it loses its trademark protection, and any company can use it. This can be harmful to companies because they lose control over their brand name.
Some examples of trademarks that have become generic terms are:
- Escalator - originally a trademarked term used to describe the moving stairs made by a specific company, but now used to refer to any moving stairs.
- Lite beer - originally a trademarked term used to describe a specific brand of light beer, but now used to refer to any light beer.
- Cola - originally a trademarked term used to describe a specific brand of soda, but now used to refer to any soda.
These examples illustrate how a trademarked term can become a generic term over time. When people use a term to refer to any product of that type, it loses its trademark protection.
Companies can take certain measures to reduce the chances of genericide:
- Add descriptive terms beside the products to avoid the brand name becoming genericized. For example, "disinfectant wipes" for Clorox.
- Avoid referring to their products in a generic way, like using the term as a verb.
- Take legal action when someone infringes on a trademark to prevent the term from becoming generic.
- Use marketing campaigns to change the way consumers refer to their products.
By taking these measures, companies can protect their brand names and prevent them from becoming generic terms.