Velcro Fights Misuse of Trademark with "Don't Say Velcro" Campaign
Velcro has begun a campaign to combat misappropriation of their trademarked name to non-Velcro fasteners and adhesive products. The company’s immense…
October 12, 2017 at 12:17 PM
3 minute read
The original version of this story was published on Law.com
Velcro has begun a campaign to combat misappropriation of their trademarked name to non-Velcro fasteners and adhesive products. The company's immense popularity has led to an intellectual property quandary that is unique to a handful of household brand-names like Clorox, Band-Aid and Kleenex. The ultimate plea from Velcro's lawyers, is if consumers continue misusing the brand's name, their “trademark will go away.”
Inside Counsel recently sat down with Matthew Nelles, partner with Berger Singerman, to shed light on the Velcro brand's inventive, but vague campaign. Nelles is an IP and commercial litigator, with a great deal of experience in patent, copyright, trademark, trade secret and Internet liability cases. He shared the validity of Velcro's claim that continued misuse of its name will void their trademark, the legal steps Velcro can take to better protect their IP, and the outcomes of similar trademark disputes involving other household brand-names.
Today, trademarks represent the source of a product or origin. For example, according to Nelles, when we hear the term “Home Depot,” we immediately associate that mark with a source, i.e. the large, warehouse-like hardware and appliance store that uses the color orange. There is a concept in trademark law referred to as “genericide” where a trademark that once represented the source of a product becomes so popular that it loses its ability to represent a particular source for a product or service.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 2The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250