Genericide

Let’s turn to the dispute itself. First, Emeco’s claim to a trademark on the term “Navy chair” is weak. Why? Because over the years that has become a generic label for this type of all-metal, 1940s-style chair, rather than a name that immediately conjures up a Pennsylvania company named Emeco. And in American law, if a product’s name becomes generic—such as aspirin, linoleum, thermos, or zipper—it can no longer be trademarked. Lawyers call this “genericide,” and the fear of becoming generic is one reason Kleenex is always reminding you that they sell “Kleenex-brand tissues.” The makers of Kleenex are trying to save their brand from genericide by reminding you that Kleenex is a particular brand of tissues, not a generic name for tissues.