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Re:Apple could force a 111-year-old fruit company to change ... by phpisthebest on Wednesday June 21, 2023 @07:35AM (#36417180)
>>trademark law demands that one vigorously defend their trademark, lest they lose it.

This myth, and "cant yell fire" are two of the most pervasive false legal statements on the internet.

"Quite simply, the view that a trademark holder must trawl the internet and respond to every unauthorized use (or even every infringing use) is a myth. It’s great for lawyers, but irritating and expensive for everyone else. And when done clumsily or maliciously, it chills free expression."

-- https://www.eff.org/deeplinks/2013/11/trademark-law-does-not...

Re:Apple could force a 111-year-old fruit company to change ... by Closi on Wednesday June 21, 2023 @08:07AM (#36417410)
It’s not entirely a myth, see a list of trademarks that have been “lost” due to insufficient protection or other reasons here:

https://en.m.wikipedia.org/wiki/List_of_generic_and_generici...

There are definitely examples where brandnames have moved into common usage and then lose their trademark.

Re:Apple could force a 111-year-old fruit company to change ... by atchoo on Wednesday June 21, 2023 @08:30AM (#36417624)
I can't recall seeing trademark aggression that had anything to do with genericism though. Some marketing copy maybe but not as challenges to other company's marks.

Genericism is within the user/audience/market rather than other businesses. The cause of genericism is total cultural domination - such widespread success that it becomes the noun. I wonder how close "iPhone" and "iPad" might be to genericide.

Is there a test for it? If you put an Android Tablet on a table and asked a test subject to pass you the iPad, I think we can predict the overwhelming outcome.

Re:Apple could force a 111-year-old fruit company to change ... by jakelazaroff on Wednesday June 21, 2023 @09:21AM (#36418107)
I mean, yeah, because they probably know what an iPad is and can infer what I meant. That just means the brand name is recognized, not that it’s generic. If you put a Coke on the table and asked the subject to pass the Pepsi, it would probably work too — as well as vice versa.
Re:Apple could force a 111-year-old fruit company to change ... by Closi on Wednesday June 21, 2023 @09:23AM (#36418132)
Well if another competitor starts using your protected term and you don’t protect it, it is more likely to become generic.

(Ie if Apple does not protect the word iPhone and then Google and Samsung use the term iPhone for 5 years unchallenged, it risks becoming a generic name for a smartphone)

Re:Apple could force a 111-year-old fruit company to change ... by kiicia on Wednesday June 21, 2023 @08:33AM (#36417652)
No seller of apple fruits is “riding on apple logo/name bandwagon”, it won’t be genericized because of fruit existing as long as memory

Genericization is only for newly invented words/phrases, it’s apple that is actively stealing common words and makes trademarks out of them

Re:Apple could force a 111-year-old fruit company to change ... by Obscurity4340 on Wednesday June 21, 2023 @08:09AM (#36417433)
Come to think of it, are there actually any anecdata or in the caselaw where companies that didn't litigate every potential infringement case sufficiently paid the hypothetical/mythical price of genericizatio. Or whatever the implied threat is...
Re:Apple could force a 111-year-old fruit company to change ... by giancarlostoro on Wednesday June 21, 2023 @08:51AM (#36417806)
They still do it as if it were not a myth is the problem.
Re:Apple could force a 111-year-old fruit company to change ... by Izkata on Wednesday June 21, 2023 @09:48AM (#36418405)
> and "cant yell fire" are two of the most pervasive false legal statements on the internet.

IIRC, this one used to be true but was overturned.