TRADEMARK LAW

Usage as Evidence of Genericism

FACT PATTERN:

Relatively few marks have been specifically held to have become generic. Examples include aspirin, thermos, cellophane, and escalator. Many more are still claimed as trademarks even though people may think of them as generic and use the terms generically. SECOND LISTS: Examples of these include Band-Aid, Kleenex, Post-It, Q-Tips, Velcro, and Xerox.

Choose a term claimed as a trademark, either from the second list above and look for evidence of the term being used generically in news articles, blogs, social media posts, or other Internet sources.

QUESTIONS:

1. Post a link or screenshot to one or more such sources and explain why you think the source(s) show the term being used generically. (If a source is difficult to link or screenshot, you may quote and describe it instead.)

2. Based on the sources you found, how widespread do you think the generic usage of the term is?

3. Alternatively, if you have trouble finding such evidence of generic usages, link or screenshot to some examples showing the term being used as a mark, explain why the usages are not generic, and explain whether you think this indicates that the term is mostly not used generically by the relevant consumers.