This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Mar. 4, 2009

Losing Your Mark

Once people start using a trademarked product as a verb (think Rollerblade, Xerox, Google), the owner of the mark has a hard time controlling it.

By Michelle A. Cooke

We demand much from our trademarks. As symbols of quality and standards set by the trademark owner, these distinctive words, logos, and even colors, sounds and smells, provide consumers with reliable indicators of what to expect from a product or service. To fulfill this weighty responsibility, conventional practice has dictated that marks be used in a consistent, even rigid, manner.

Many companies develop brand identity manuals to help ensu...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up