jeff@rtech.ARPA (Jeff Lichtman) (03/21/85)
Some tradenames are commonly used as generic terms. If a company that owns a tradename doesn't actively protect it when other companies use it, then a court can rule that the name has become part of the language (i.e. a generic), at least in the U.S. Here are some examples of tradenames that people use as generics (not necessarily recognized by the court as generic). Please note that I don't want to discuss the legal aspects here; move the discussion to net.legal if you want to talk about this. Coke - The Coca Cola company gets angry if someone in a restaurant asks for a Coke and gets Pepsi. Waiters are supposed to say "We don't serve Coke. Would Pepsi be OK?", or something like that. Kleenex Band-Aid Jell-o Xerox - This is less commonly used as a generic name than it used to be (or so it seems to me). Maybe this is because other copier companies have become more prominent. Frigidaire - It used to be common to use this to mean "refrigerator". Linoleum - Is this one no longer a protected tradename? Formica - or this? Vaseline Q-Tip Saran Wrap Are any of the above tradenames in danger of becoming "aspirins" (aspirin used to be a tradename of the Bayer company)? Can anyone think of any I have left out? -- Jeff Lichtman at rtech (Relational Technology, Inc.) aka Swazoo Koolak
landauer@drivax.UUCP (Doug Landauer) (03/21/85)
Jeff Lichtman's list of generic tradenames... > Coke, Kleenex, Band-Aid, Jello, Xerox, Frigidaire, Linoleum, > Formica, Vaseline, Q-Tip, Saran Wrap > > Can anyone think of any I have left out? How about Zipper Velcro Rolodex "Unix" -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Doug Landauer -- ...[ ihnp4 | mot | ucscc | amdahl ] !drivax!landauer
ed@mtxinu.UUCP (Ed Gould) (03/23/85)
> Frigidaire - It used to be common to use this to mean > "refrigerator". Fridgidaire diesn't seem to be used any more as a generic (although my grandmother still uses it) but "fridge" sure is. I suppose it survived because it can be related back to refridgerator so easily. > Linoleum - Is this one no longer a protected tradename? > > Formica - or this? I don't know about Linoleum, but I heard not too long ago that a court ruled that formica was a generic term, using as reasoning that there was no common knowledge of another term for the substance. "Plastic Laminate Counter Top" didn't satisfy the court. > -- > Jeff Lichtman at rtech (Relational Technology, Inc.) > aka Swazoo Koolak -- Ed Gould mt Xinu, 739 Allston Way, Berkeley, CA 94710 USA {ucbvax,decvax}!mtxinu!ed +1 415 644 0146
jcp@osiris.UUCP (Jody Patilla) (03/24/85)
> Some tradenames are commonly used as generic terms. If a company that > owns a tradename doesn't actively protect it when other companies use it, > then a court can rule that the name has become part of the language (i.e. > a generic), at least in the U.S. Here are some examples of tradenames "Zipper" is an example of a word that went generic awhile back. Note that the Army still refers to these items as "Fasteners, Interlocking Slide". Xerox the company has been waging a small war against people using the word "xerox" instead of "photocopy" because they are in serious danger of losing their trademark status. -- jcpatilla "'Get stuffed !', the Harlequin replied ..."
mcdermot@unmvax.UUCP (03/25/85)
> Jeff Lichtman's list of generic tradenames... > > Coke, Kleenex, Band-Aid, Jello, Xerox, Frigidaire, Linoleum, > > Formica, Vaseline, Q-Tip, Saran Wrap > > Can anyone think of any I have left out? > > How about Zipper Velcro Rolodex "Unix" > [formatting liberties taken] How about aspirin? -- John McDermott {gatech|ucbvax|convex|pur-ee}!unmvax!mcdermot Univ of NM W (505) 277-4650 Albuquerque, NM 87131 H (505) 255-7796
werner@aecom.UUCP (03/25/85)
> Are any of the above tradenames in danger of becoming "aspirins" (aspirin > used to be a tradename of the Bayer company)? Can anyone think of any I > have left out? > Jeff Lichtman at rtech (Relational Technology, Inc.) Aspirin as a trademark was confiscated (along with the process) by the US government during World War I and distributed to various chemical companies. It was not a evolutionary process. (And in Europe, Bayer SG makes Aspirin, and everyone else sells ASA (Acetyl Salicylic Acid) > Concerning Frigidaire -- last year I had a landlady who had emigrated from France (OK, I had a real concierge). When our refrigerator broke, she was constantly talking about our "frigidaire," so the use of the term as as generic for refrgierator is still common outside the US (France at least) Finally, there was an article in the Sunday Daily News recently about how one was not playing Scrabble. One was playing: Scrabble (R) Brand Crossword Game This is so Scrabble won't become generic like "Monopoly." -- Craig Werner !philabs!aecom!werner What do you expect? Watermelons are out of season!
rjw@ptsfc.UUCP (Rod Williams) (03/26/85)
>Some tradenames are commonly used as generic terms... > Coke > Kleenex > Band-Aid > Jell-o > Xerox > Frigidaire > Linoleum > Formica > Vaseline > Q-Tip > Saran Wrap Don't forget Hoover, Scotch Tape, Crisco... -- rod williams | pacific bell | san francisco ----------------------------------------------------------------------- {ihnp4,ucbvax,cbosgd,decwrl,amd70,fortune,zehntel}!dual!ptsfa!ptsfc!rjw
doug@terak.UUCP (Doug Pardee) (03/26/85)
Another that apparently got away from its owner: Thermos. We now have
Aladdin brand thermos bottles.
--
Doug Pardee -- Terak Corp. -- !{hao,ihnp4,decvax}!noao!terak!dougholly@dartvax.UUCP (Holly Cabell) (03/27/85)
> > Some tradenames are commonly used as generic terms. If a company that > > owns a tradename doesn't actively protect it when other companies use it, > > then a court can rule that the name has become part of the language (i.e. > > a generic), at least in the U.S. Here are some examples of tradenames > > "Zipper" is an example ... > *** REPLACE THIS LINE WITH YOUR MESSAGE *** Another company that had problems with this is 'Aspirin'. That was a company name a while back. Also I hear that 'Kleenex' is fighting to keep there name a company name (trademark?) and they are trying to get the public to use 'facial tissue' instead of the more common name 'kleenex'. --johnc at [the.world] ! dartvax ! holly
mgh@hou5h.UUCP (Marcus Hand) (03/30/85)
How about Hoover, Rolls-Royce, Perspex, Nylon, Teflon, Mole grips (or wrench), Scotch tape, Sellotape..... -- Marcus Hand (hou5h!mgh)
mgh@hou5h.UUCP (Marcus Hand) (03/30/85)
In <1312@aecom.UUCP> werner@aecom.UUCP says: > Aspirin as a trademark was confiscated (along with the process) by the US > government during World War I and distributed to various chemical companies. > It was not a evolutionary process. (And in Europe, Bayer SG makes Aspirin, > and everyone else sells ASA (Acetyl Salicylic Acid) Oh no they don't (sell ASA). I have swallowed many an aspirin BPC or BP (Brittannica Pharmacopaeia, I think), and whatever some of the more right wing Torys and left wing Labourites might wish to think, Britain is definately part of Europe geographically, demographically, politically and geologically. -- Marcus Hand (hou5h!mgh)