The article explores the paradoxical nature of trademark law, particularly how successful brands risk losing legal protections when their names become synonymous with a product category. The case of Band-Aid illustrates this concept, as the brand adapted its jingle in the late 1980s to counteract the risk of genericide. It discusses trademark classifications, from fanciful and arbitrary to suggestive and descriptive marks, highlighting that only distinctive trademarks are automatically protected. Strong branding involves navigating this balance to avoid losing rights to one's trademark as consumer perception evolves.
"This paradox at the heart of trademark law reveals how a brand can risk losing legal protection as it becomes synonymous with a product category."
"In the late 1980s, the company changed the jingle to say 'Band-Aid brand,' adding a single word to help protect their trademark from something called genericide."
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