Genericide: The Story of Trampoline
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.
Genericide: The Decline of Yo-Yo
The case of "Yo-Yo" offers a fascinating example of genericide in trademark law, where the transition from a brand name to a generic term was influenced by the product's functional success rather than just commercial dominance. Introduced by Pedro Flores and later popularized by the Duncan Toys Company, the term "Yo-Yo" originally referred to a specific brand of the toy. However, as the yo-yo's popularity grew and competitors emerged, the term "Yo-Yo" became widely used to describe any similar toy, leading to its loss of trademark protection. This case highlights the challenges faced by brands when their product names are highly descriptive and emphasizes the importance of proactive trademark management and distinctive branding strategies in preventing genericide.