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ARTICLE · 28 SEPTEMBER 2017

Velcro Gets Creative in Protecting Its Brand from Generic Use

On August 28, I posted about a case involving the question whether "google" is a generic term for providing a search engine. Now the good folks at Velcro Companies are fighting the same battle, but they're trying to attack the problem without litigation about whether the name of their product is generic – or possibly to provide ammunition in the event of litigation.

United StatesIntellectual Property

On August 28, I posted about a case involving the question whether "google" is a generic term for providing a search engine.

Now the good folks at Velcro Companies are fighting the same battle, but they're trying to attack the problem without litigation about whether the name of their product is generic –  or possibly to provide ammunition in the event of litigation.

Yes, VELCRO is a brand, and a registered trademark.  In fact, there are 23 active U.S. registrations for trademarks including the term "Velcro."  The oldest of those was issued in 1958 and covered goods described as a "notion-namely, a synthetic material sold in ribbon, sheet, or piece goods form, said material having complemental parts which adhere to each other when pressed together and adapted for use as a closure, fastener, or button for closing garments, curtains, or the like." A 1975 registration uses terms that sound a little more familiar: "separable fasteners-namely, hook and

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