5 ms·

There’s lots of colloquially used names by the general public that technically infringe trademark. https://en.m.wikipedia.org/wiki/List_of_generic_and_generic

There’s lots of colloquially used names by the general public that technically infringe trademark. https://en.m.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks https://en.m.wikipedia.org/wiki/List_of_generic_and_generici... “Aspirin”, “elevators”, “laundromat” are just a few examples. Even “App Store” was trademarked (by Apple).

merb 2y ago
Well done stuff probably is not enforceable, like App Store. That is too generic
- olliej 2y ago
  I'm not sure - trademark law is tricky - "The Container Store" is trademarked (and while you might say "App Store" is too generic, but I don't recall the term existing prior to "The App Store", so this might be a "Hoover" or similar situation). I remember McDonald's used[?] to have "All Beef" as a trademark for their burger patties (I also recall them getting in trouble in NZ as just because they're "All Beef" brand doesn't mean you can advertise them as "All Beef Patties" in a way that is clearly intended to imply they're "all beef")
  - xigoi 2y ago
    App Store is not the same case as Hoover because the name is a literal description of what it is. It’s like a coffee producer trademarking the name Coffee.
    - alberth 2y ago
      Like Apple suing over trademark to an apple fruit producer. https://www.wired.com/story/apple-vs-apples-trademark-battle/ https://www.wired.com/story/apple-vs-apples-trademark-battle...
CuriouslyC 2y ago
I think in the case of app store, that's suitably generic that someone with money could easily fight it.
WaffleIronMaker 2y ago
I had no idea Heroin was originally a trademarked cough suppressant.
- dreamcompiler 2y ago
  As you might expect, it's an exceptionally effective cough suppressant.
connicpu 2y ago
The general public can't infringe a trademark unless they're selling a competing product ;) Interestingly, Aspirin becoming a generic term in many countries was more of a result of WW1 as the allied powers seized various things from German companies (like Bayer) for war reparations, including intellectual property like trademarks. It was technically purchased by an American company for use in the US after the war, but I guess they didn't defend the mark very well and it quickly fell into genericism.
throwanem 2y ago
Genericization is by definition not infringement.

merb 2y ago

Well done stuff probably is not enforceable, like App Store. That is too generic

olliej 2y ago
I'm not sure - trademark law is tricky - "The Container Store" is trademarked (and while you might say "App Store" is too generic, but I don't recall the term existing prior to "The App Store", so this might be a "Hoover" or similar situation). I remember McDonald's used[?] to have "All Beef" as a trademark for their burger patties (I also recall them getting in trouble in NZ as just because they're "All Beef" brand doesn't mean you can advertise them as "All Beef Patties" in a way that is clearly intended to imply they're "all beef")
- xigoi 2y ago
  App Store is not the same case as Hoover because the name is a literal description of what it is. It’s like a coffee producer trademarking the name Coffee.
  - alberth 2y ago
    Like Apple suing over trademark to an apple fruit producer. https://www.wired.com/story/apple-vs-apples-trademark-battle/ https://www.wired.com/story/apple-vs-apples-trademark-battle...

CuriouslyC 2y ago

I think in the case of app store, that's suitably generic that someone with money could easily fight it.

WaffleIronMaker 2y ago

I had no idea Heroin was originally a trademarked cough suppressant.

dreamcompiler 2y ago
As you might expect, it's an exceptionally effective cough suppressant.

connicpu 2y ago

The general public can't infringe a trademark unless they're selling a competing product ;) Interestingly, Aspirin becoming a generic term in many countries was more of a result of WW1 as the allied powers seized various things from German companies (like Bayer) for war reparations, including intellectual property like trademarks. It was technically purchased by an American company for use in the US after the war, but I guess they didn't defend the mark very well and it quickly fell into genericism.

throwanem 2y ago

Genericization is by definition not infringement.