Overview of Trademark Use in Marketing

Talcott J. Franklin

Securing a trademark is of central importance to brand owners, as it allows them to maintain the integrity of their product.

Overview of Trademark Use in Marketing

Talcott J. FranklinAkin Gump Strauss Hauer & Feld LLP

The dictionary is filled with words that formerly were valuable and popular brands. Brands so powerful that they became “household words”: aspirin, brassier, cellophane, cube steak, dry ice, escalator, gold card, gramophone, ice beer, kerosene, lanolin, light beer, linoleum, mimeograph, nylon, pilates, raisin bran, shredded wheat, space shuttle, super glue, thermos, trampoline, yo-yo, and zipper.

Each of these brands received the “death penalty” from the courts: a ruling that the brand owner no longer had the exclusive right to use the brand.

Almost invariably,...

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