In the digital age, it is increasingly common for businesses to operate online, and this has led to several challenges in the realm of trademark law. For example, businesses may encounter issues related to domain names and online branding, as well as the use of trademarks in search engine advertising. To address these issues, courts have had to consider the unique challenges posed by the internet and develop creative solutions.

The Rise of “Genericized” Trademarks

A “genericized” trademark is one that has become so common that it is used to refer to a whole category of products or services rather than a specific brand. Some well-known examples of genericized trademarks include “aspirin,” “escalator,” and “thermos.” In the past, courts have ruled that certain trademarks become “generic” through misuse, and as a result, the trademark owner loses the exclusive right to use the mark. This has led to a number of controversies, as businesses may seek to protect their trademarks from becoming genericized in order to maintain their exclusivity.

As these examples illustrate, US trademark law is a constantly evolving field that is impacted by a variety of factors, including the rise of social media and the increasing importance of the internet in the modern business world. In order to stay up-to-date on the latest developments in trademark law, it is important for businesses and individuals to stay informed and seek legal guidance when necessary.

Melia Arnett-Archie, Esq.
Founder, Modern Creators Law