Genericide
The journey from a unique brand name to a generic term, known as genericide in trademark law, is a path treaded by various famous brands. One such brand that succumbed to genericide is “Linoleum,” a term that once signified a specific type of flooring material but has since become a generic term for similar products.
Trademark Policing
Linoleum was invented in the mid-19th century by Englishman Frederick Walton. Walton patented his invention, a new type of floor covering made from solidified linseed oil combined with other materials like cork dust and pine resin, spread onto a canvas or burlap backing. He coined the term “Linoleum” to describe this innovative product, derived from the Latin words “linum” (flax) and “oleum” (oil).
Initially, the term “Linoleum” was a registered trademark. However, its success led to numerous companies producing similar products. Over time, the term “Linoleum” started being used by both consumers and competitors to describe any floor covering made in a similar style, regardless of the manufacturer.
The shift from a specific brand to a generic term was gradual but irreversible. By the early 20th century, “Linoleum” had become so widely used that it lost its trademark status. Courts ruled that the term had become a generic descriptor for a type of floor covering, not a specific brand. This ruling meant that any company could use the term to describe its flooring products, effectively diluting the original brand’s market dominance.
The case of “Linoleum” is a textbook example of genericide in trademark law. It demonstrates how widespread public use of a brand name for a generic purpose can erode the distinctiveness of a trademark. When a term becomes generic, it is no longer protectable under trademark law, leading to a significant change in the competitive landscape for the original trademark holder.
This phenomenon underscores the importance of trademark management and the need to police and protect brand names actively.
Effective strategies for policing a trademark include:
- Educating the public about the proper use of a brand name.
- Differentiating products through marketing.
- Legally challenging improper use of the trademark.
Furthermore, this case highlights the interplay between consumer language and trademark law. As consumers commonly adopt brand names to describe a type of product, the risk of genericide increases. It’s a unique challenge for companies to maintain the distinctiveness of their trademarks while promoting widespread brand recognition.
The evolution of “Linoleum” from a proprietary brand to a generic term offers a cautionary tale for businesses about the risks of genericide. It serves as a reminder of the ongoing efforts required to maintain a trademark’s distinctiveness and the delicate balance between a brand’s popularity and its legal protection as a unique identifier in the marketplace.
