Key Takeaways
What the Trampoline Trademark Teaches About Genericide
Genericide is the process by which a trademark loses its legal protection because the public has come to use the brand name for the product itself, rather than as an indicator of who makes it. The trampoline is a classic example.
- When a court finds that a mark has become generic, the trademark owner permanently loses the exclusive rights to the name and the registration can be cancelled, which is why genericide is often called the “death” of a trademark.
- “Trampoline” began as a protected trademark. Inventors George Nissen and Larry Griswold coined the name in the 1930s, and their Griswold-Nissen Trampoline & Tumbling Company registered and enforced it.
- The trampoline trademark became generic because consumers and competitors used “trampoline” to describe any bouncing platform, not only the equipment made by Nissen’s company, which led courts to strip the term of trademark protection.
- Brand owners can prevent genericide by choosing distinctive, non-descriptive brand names, using the trademark as an adjective paired with the generic product name, and policing and enforcing the mark consistently over time.
The term “Trampoline” provides another instructive example of genericide in trademark law, where a brand name becomes the generic term for a type of product due to its unique functionality and widespread usage, rather than solely because of commercial success.
Trademark Policing
The trampoline, a device consisting of a piece of taut, strong fabric stretched over a steel frame using many coiled springs, was invented in the 1930s by George Nissen and Larry Griswold. Nissen originally called his invention the “bouncing rig” but later changed the name to “trampoline,” inspired by the Spanish word “trampolín,” meaning a diving board.
Nissen registered the trademark “Trampoline” and initially had success in protecting this trademark. His company, the Griswold-Nissen Trampoline & Tumbling Company, promoted the Trampoline as a new and exciting piece of gymnastic and recreational equipment. It quickly gained popularity, particularly in the world of sports, fitness, and entertainment.
However, as the product became more popular and other manufacturers began producing similar equipment, the term “trampoline” started to be used generically. People began referring to any similar bouncing device as a trampoline, regardless of its manufacturer. This widespread use of the term in a generic manner gradually led to the dilution of its association with Nissen’s original product.
The pivotal moment came when the courts ruled that “Trampoline” had become a generic term. This decision was based on the argument that the term was being widely used to describe any bouncing platform, not just those made by Nissen’s company. Thus, the exclusive trademark rights to the term “Trampoline” were lost, and it became a generic term used to refer to all similar equipment.
The case of “Trampoline” highlights the importance of policing your trademark and trademark management, especially for products that are pioneers in their field. When a new and innovative product is introduced, the brand name can often become synonymous with the product itself, leading to a higher risk of genericization.
This example also underlines the challenges in maintaining a trademark for a product whose name is inherently descriptive or functional. The more a name describes the product’s function, the more likely it is to become generic.
In response to such challenges, companies are now more proactive in creating distinctive brand names and engaging in marketing campaigns to emphasize the brand’s association with the product. They also police their trademarks and often enforce their rights more rigorously to prevent generic use.
The story of the “Trampoline” offers a nuanced view of genericide in the trademark world. It showcases the journey of a brand name from a proprietary identifier to a common term, highlighting the need for strategic branding and proactive trademark management in safeguarding a product’s unique identity in the marketplace.
Building a Brand You Want to Last?
The trampoline story is a reminder that even a well-known name can lose its protection without the right care behind it. If you’re building something meant to last, Michael Jones can help you choose a distinctive mark, register it properly, and set it up to stay yours. A short conversation is a good place to start.
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