Alexis Morris, ‘Casenote: Elliot v Google, Inc, Why Google Should have Lost Its Trademark’

Abstract
Google Inc (Google) should have taken a ride on the escalator to genericide. Escalator and aspirin, among many other terms, were once valid trademarks before losing the trademarks to genericide. Genericide occurs when the a trademark is used in a generic way without a particular source in mind. Google barely escaped genericism when the validity of its trademark was challenged under the Lanham Act. The court held that Google was not generic because verb use alone does not constitute generic use, and for the court to consider a term generic, it must relate to a good or service. The opposing party framed the inquiry to relate to Google as the ‘act’ of searching the internet instead of the search engine ‘service’ …

Morris, Alexis L, Casenote: Elliot v Google, Inc, Why Google Should have Lost Its Trademark (November 29, 2018).

(Visited 1 times, 1 visits today)

Leave a Reply