Re:Getting a Cease and Desist from Waffle House
by skeaker on Thursday May 29, 2025 @01:10PM
(#44128049)
Exactly my point: Frisbee is subject to genericide but keeps its trademark status because courts almost never actually take trademarks from businesses. If they don't do it to Frisbee then they won't do it to Waffle House because the courts, as you say, rely on precedent.
At least within my corner of the business world (and not just "the internet"), it seems this is common knowledge among lawyers.
My guess is that, sure, would a court throw out a trademark? Maybe not, but the law works on a fine line between actuals (precendent) and hypotheticals, and it's just cheaper to issue a C&D than it is to fight a prologned legal battle about predcedent.
Also, it's interesting you mention Frisbee. There's a term for that: "genericide," and it's the term used to describe that exact scenario. Frisbee is one brand that didn't actively protect against trademark erosion and now we call every flying disc a Frisbee. Retrospectively, Frisbee might have wished they'd sent more C&Ds. Nintendo is one brand that has actively protected brand erosion, which is why we don't call it a Sony Nintendo.