Fighting for freerecyling

No other word…

For me a key statement in the 9th circuit decision concerns the concept called genericide, why which they mean the use of words like freecycle in a generic context.  The extract I would like to highlight is this one:

Alternatively, “a term intended by the seller to be a trademark for a new product [can be] taken by the public as a generic name because customers have no other word to use to name this new thing.”

I would simply ask, has anyone come up with a word for freecycling that is not the word freecycling?  Try as you may I think no-one has come up with a name that is as good as the one that The Freecycle Network adopted.  Since there is no other name then trademarking the name cannot succeed.

September 27, 2007 - Posted by | freecycle |

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