'Genericide:' Learn how too much brand awareness can hurt a company's trademark

Unlike trademark infringement that hinges on the likelihood of confusing customers, trademark dilution is an illegal practice that threatens the distinctiveness of a trademark. In the US, famous brands like Nike and Google have a right to protection from dilution.

Trademarks help brands distinguish their products from competitors, but they also give consumers clarity around the product they are buying and where it comes from. Distinguishable names help prevent consumer confusion and maintain a consumer's ability to choose their preferred product and brand.

Many products that have become household names started out as first-of-a-kind items. As those products grew in popularity, the brand name became the default name for the product.

Brand valuations give companies an idea of how valuable assets, like logos, are to the company and can help determine how much money branding departments should receive. Typically, brand valuations are a compilation of brand awareness metrics, like a consumer's willingness to pay, the value of a trademark, and the company's market position.

Trademark protections cover the branding of a service or product, like its logo, its smell, or even its shape. However, patent protections give inventors exclusive control over a new product—as long as those inventors disclose how the product works and how they made it.

Infringement is a trademark violation that threatens the owner's exclusive right to use a trademark. The general standard for proving any trademark infringement is the likelihood of causing confusion to a normal consumer.

Global company names often get Americanized or anglicized to the point where they’re unrecognizable. Here's a helpful explainer on how to say a dozen of them, from Adidas to Huawei.

Did you know that Nike used to be called Blue Ribbon Sports? Or that Google was originally named BackRub? Getting a brand's name right is a tough job; there's an entire cottage industry of brand naming agencies to prove it. See which brands got it right the first time—and which ones might be better off with their current names—in this article.

In the US, brands can technically use a trademark without actually filing a trademark with the United States Patent and Trademark Office—which is where the ™ symbol comes from. However, brands that have officially filed trademarks can use the ® symbol in their branding.

For many small business owners, it can be hard to decide when the time is right to file a trademark. This trademark lawyer says the decision often comes down to a product's branding, the size of the business, and how established the company is.

Taylor Swift holds trademarks ranging from her album titles and song lyrics to the names of her cats. While the sheer amount of trademarks may seem excessive, it's one way Taylor Swift can protect the integrity of her brand and make sure everything that's branded as Taylor Swift actually comes from her.

There are multiple approaches to evaluating the value of a trademark. Some strategies include analyzing the value of royalty payments a trademark produces and the cost of recreating the trademark or brand.

Trademarks can extend to phrases and slogans when the words become brand identifiers. Some phrases that have been trademarked are famed boxing announcer Michael Buffer's "Let's get ready to rumble!" and reality television star Paris Hilton's "That's hot."

We perceive ourselves as rational decision-makers—but research about our consumption habits suggest we are easily played by clever marketing. Here's how big brands design their branding to keep you coming back.

Distinct visual characteristics of products, like the shape of a Coca-Cola bottle or the interior layout of an Apple store, can be protected. These characteristics are protected to help consumers quickly identify certain brands.

Slogans like "if you don't like dark roast, this coffee isn't for you," also known as "dissuasive framing," can entice specific groups of customers, some marketers say. The shift comes from the perceived authenticity of a company admitting that a product is not perfect for everyone.

Going more than three consecutive years without using a trademark can be considered abandonment—which means the trademark falls into the public domain and someone else could potentially file for the trademark. Besides non-use, not maintaining the paperwork or paying the fees can result in a terminated trademark.

Intellectual property refers to any intangible "creation of the mind," which includes ideas, creative works, and even trade secrets. Trademarks, copyright, and patents are all protected by intellectual property laws—but each protection is separate and distinct.

Trademarks, copyrights, and patents are all intellectual property classifications that give exclusive ownership of ideas and concepts to individuals or businesses. Patents usually refer to innovative products or processes, copyrights are centered around the right to reproduce content, and trademarks usually involve branding elements, like names, logos, and distinct product elements.

When goods or services become especially popular, firms that provide that good or service become dominant in the market—which can ultimately lead to a monopoly.

In 2017, tech company Apple filed for the trademark to a black-and-white image of a Granny Smith apple in Switzerland—a request that was only partially granted. Apple wanted full control over the image, but many worried that granting the trademark would open up too many opportunities for the company to own the rights to the mere shape of an apple.

You’ve probably heard of influencers, but have you heard of “de-influencers?” Basically, the de-influencing trend started when creators began making videos about products you shouldn’t buy, rather than sponsored content promoting things you should purchase. Comedian Taylor Tomlinson recently cracked some jokes about the trend, and its companion “under consumption-core.”

Linguist Chi Luu explains that we often understand and identify with band names, even if they're odd (or nonsensical) word combinations, based on their associations with other words. For example, bands that begin with "The" often nod to 1960s garage rock; heavy metal bands often rely on morbid or funereal words.

In the business world, a monopoly exists when one company controls the entire market. Regulators take issue with monopolies because they have been found to limit consumer choices, raise prices, and hurt competition.

Differences in the type of fame, such as movie stardom, sports, and internet virality, can produce varying degrees of dependence on individuals based on their age and background. Some individuals—particularly children—can develop drug-seeking behavior as they pursue continuous dopamine spikes if they lack an existing sense of fulfillment from elsewhere.

When a household name dollar store like Dollar General opens in a small town or local community, neighborhood businesses often lose out on key sales, driving revenue down and putting them at risk of closure. This has led some experts to argue that dollar store chains can cause economic stress, rather than relieve it.

Why are GMOs bad? They aren't. We've been eating them for decades with no ill effects, which makes sense, because a genetically modified organism is simply an organism, like every other organism, produces hundreds of thousands of proteins, but one or two of them are proteins that were chosen specifically by humans. Watch this 11-minute video for more.

A GMO, or genetically modified organism, is an organism whose DNA has been altered for specific improvement such as longer shelf life, disease resistance, or enhanced nutrition—which can benefit both farmers and consumers. While humans have used...

Historically, you don't want people to know you have a knock-off luxury item. But today's younger generations are embracing the "dupe" economy, an open celebration of luxury knock-off items where consumers are proud to pay less for something roughly equivalent to premium brand offerings.

A Rolex watch and a watch from the Dollar Store serve the same purpose: helping the wearer tell the time. But a Rolex is worth thousands of dollars while the Dollar Store watch is costs $1 because of symbolic value, or what the watch says about its wearer. This article helps break down the difference between the two.

The buzz around non-fungible tokens has faded since 2021 to 2022, when brands including Prada and Starbucks launched their own NFTs. While Prada’s NFTs were linked to limited-edition fashion items, Starbucks’ were part of a loyalty program.

As the music took off, the word quickly became a convenient marketing term that lumped together bands that were rather distinct. "'Grunge,' as a term, nobody liked that," Soundgarden's Kim Thayil once said. "Everyone thought, 'Oh this is a marketing thing. This is a way to file Seattle on a retail display in a record store.'"

Being able to track how users behave on websites is a massive opportunity for companies to hone their products, target their ads, and more. Dozens of trackers are on the average website you visit, depending on how you deal with that site's cookie policy, and Google is the chief tracker of them all. Learn about these companies and what they are tracking with this informative blog visualization.

Generative AI is the latest entry in a recurring cycle where emerging tools start as "AI" until they become common software, like databases or machine learning. Generative AI and large language models may be the next platform shift after smartphones and the Web.

Wholesale food distributors like Sam's Club, BJ's, and CostCo place a premium on cutting costs for their consumers to cultivate brand loyalty. Enter CostCo's enduring $1.50 hot dog and soda combo. It's a classic example of a so-called "loss leader," a product a company loses money on but which keeps customers coming back for more. Learn the history of wholesalers and how selling over 200 million hot dogs in a year builds CostCo's brand.

Many people pop a multivitamin supplement each day thinking that any excess nutrients won't hurt them. This article explains how chronic excess of any vitamin can cause toxic levels in the body. This condition is known as hypervitaminosis, and symptoms vary depending on what vitamins have achieved toxic levels of accumulation. According to this article, dietary supplements in the US are not required to submit to the FDA documentation supporting their efficacy or safety.

As the performer became more tied to A-listers like Jay-Z, Lady Gaga, and James Franco, culture critics began to consider the commercialization of performance art and how audiences may have flocked to see the “brand” of Abramović more than her actual work.

Looking at vintage ads can provide a deep dive into the history of how businesses communicate with their customers. This archive of some of the most iconic print and out-of-home ads of all time breaks down why each ad resonated at the time (think brutally honest copywriting, and long copy that is a pleasure to read). See ads from Porsche, Listerine, and more.

The adjective often refers to anything that resembles the dystopian governments of George Orwell, usually a state like the one in "1984" that monitors its citizens to ensure compliance. But as this video essay from Noah Tavlin makes clear, the more precise definition is a society that redefines language to control thought.

Trademarks vary from country to country, but an agreement called the Madrid Protocol allows trademark protections across more than 100 participating countries. While the Madrid Protocol expands trademark access, it doesn't necessarily grant blanket protections across the participating countries, meaning each country is still in charge of its own trademark enforcement.

From making someone feel as though a resource is scarce (“only one item left in stock!”) to invoking a sense of authority (“top dentists recommend this toothpaste”), marketers use a variety of psychological tactics to elicit a desired response from their target audience.

Often disguised as healthy options like granola bars and low-fat yogurt, these foods silently fuel chronic diseases, despite dominating diets. Reviewing labels for ingredients like stabilizers and emulsifiers can serve as indicators to help identify these products.