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ARTICLE · 19 JUNE 2013

Costco Claims Tiffany Is Generic

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One of the biggest threats to a brand owner is genericide, whereby widespread usage of a mark in the marketplace causes the term to be considered by the public to be a generic term for a particular product rather than a source identifier.

United StatesIntellectual Property
Karen Artz Ash
Karen Artz Ash
Bret Danow
Bret Danow
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One of the biggest threats to a brand owner is genericide, whereby widespread usage of a mark in the marketplace causes the term to be considered by the public to be a generic term for a particular product rather than a source identifier. Some wellknown examples of marks which became generic over time in certain jurisdictions are "aspirin" and "escalator". When genericide occurs, a mark can no longer function as a trade mark, as it ceases to identify a particular source or to distinguish the origin of the product from competing products. Once a mark has become generic, the law deems it available for all parties to use and the now-former brand owner no longer has exclusive rights to it.

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