Certain words like 'vintage' and 'pina colada' have become trademarks that represent a thing rather than a specific brand. The two-piece bikini, named after the Bikini Atoll, faced significant controversy at its release and was banned on some European beaches. This situation raised questions around trademark law, where a term must remain distinctive and not become synonymous with a type of product or loss of exclusivity. If a trademark degenerates into a generic term, it can lose its legal protections.
Trademark degeneration occurs when a brand name becomes synonymous with a general class of goods, losing its distinctiveness, as seen with terms like 'hotspot' and 'cargo'.
The bikini, created by Louis Réard in 1946, faced backlash for exposing the navel and was temporarily banned on several European beaches, exemplifying its controversial introduction to society.
Trademark law emphasizes that a valid trademark must be distinctive; registering non-distinctive terms, like common nouns, is not permissible and could lead to genericide.
The term 'bikini' was inspired by the Bikini Atoll, chosen by Réard to signify the impactful nature of his groundbreaking design, akin to an 'anatomical bomb'.
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