List of generic and genericized trademarks
From Wikipedia, the free encyclopedia
[edit] List of generic trademarks
The following list contains marks which were originally created and used as trademarks, but which have subsequently become synonymous with the common name of the relevant product or service. They have become so generic that their former status as proprietary trademarks is often unknown to the general public. Such marks may therefore be considered "fully generic", whereas genericized marks which are at risk of becoming generic are listed in the next section.
- Cellophane[1] – Originally a trademark of DuPont[2]
- Crock pot – Crock-Pot is sold by Rival Industries, but "crock pot" and "crockpot" are common synonyms used by cooks to describe slow cookers[3]
- Dry ice[4] – Trademarked by the Dry Ice Corporation of America in 1925[5]
- Escalator – Originally a trademark of Otis Elevator Company[6]
- Heroin[7] – Trademarked by Friedrich Bayer & Co in 1898[8]
- Kerosene[9] – First used around 1852
- Lanolin – Trademarked as the term for a preparation of sheep fat and water[10]
- Linoleum – Floor covering[11]
- Mimeograph[12] – Originally trademarked by Albert Dick
- Pilates exercise system – United States trademark formally canceled by court in 2000[13]
- Touch-tone – Dual tone multi-frequency telephone signaling; AT&T states "formerly a trademark of AT&T"[14]
- Trampoline – Originally trademarked by George Nissen[15][16]
- Webster's Dictionary – The publishers with the strongest link to the original are Merriam-Webster, but they have a trademark only on "Merriam-Webster", and other dictionaries are legally published as "Webster's Dictionary"[17]
- Yellow Cab – Taxi company name declared generic in the U.S. in 2007 in a Supreme Court case arising out of Sacramento, California
- Zipper – Originally a trademark of B.F. Goodrich[18]
[edit] List of frequently misused trademarks
Trademarks in this list are still registered as trademarks (except where noted), but are sometimes misused in a generic sense. The previous list contains former trademarks that no longer have legal status, while the following list comprises those marks which have been registered as trademarks, and which continue in use and are actively enforced by their trademark owners. It is improper to use these generically (except where noted by country).
None of these marks should be regarded as legally abandoned or in the public domain, and therefore each should always be capitalized. Writing guides such as the AP Stylebook advise writers to "use a generic equivalent unless the trademark is essential to the story."
[edit] References
- ^ Cellophane – Definitions from Dictionary.com
- ^ Mills, Turansky, & Griffith
- ^ Is Slow Cooker Synonymous with Crock-Pot?. Food News Service. Retrieved on 2008-01-24.
- ^ dry ice. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000
- ^ Dry Ice – Who Invented Dry Ice?
- ^ Human Interest
- ^ heroin – Definitions from Dictionary.com
- ^ Online Etymology Dictionary
- ^ kerosene – Definitions from Dictionary.com
- ^ Jaffe v. Evans & Sons, Ltd., U.S. (Supreme Court, Appellate Division, First Department, New York March 21, 1902).
- ^ linoleum. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000
- ^ mimeograph. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000
- ^ Pilates Trademark Lawsuit makes "Pilates" available for public use. Pilates.com. Retrieved on 2008-01-24.
- ^ Centrex Service. Retrieved on 2008-01-24.
- ^ Inventor of the Week: Archive
- ^ West View Trampoline Community – Trampoline History
- ^ Merriam-Webster FAQ. Retrieved on 2008-01-24.
- ^ zipper – Definitions from Dictionary.com
- ^ Aspirin FAQs, Bayer HealthCare website, accessed February 23, 2008
- ^ www.thermos.com
- ^ http://www.core.org.cn/NR/rdonlyres/Sloan-School-of-Management/15-628Patents--Copyrights--and-the-Law-of-Intellectual-PropertySpring2003/88A3CE91-A80C-4B1A-A08C-AD975FB54DFA/0/kingseeleythermosvAladdin.pdf
- ^ Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., 343 F.2d 655 (7th Cir. 1965)