Attorney Brian Reece authored “Distinctiveness of Marks Suffering Genericide: A Survey of Genericide Cases,” which was published in AIPLA Quarterly Journal.
Excerpt: Genericide occurs when a trademark becomes the generic term for a product, rather than serving to identify the source of the product. Genericide claims typically arise in the course of trademark infringement litigation, when it is raised as a counter-claim to infringement. As is typical with other types of litigation, genericide claims are often decided at summary judgment.
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