""The idea is that a name would 'acquire distinctiveness,' meaning it has a certain amount of penetration in the marketplace," says trademark attorney Josh Gerben."
""Hello fellow bean lover!" it began, sounding like something you'd hear before getting shot in the back of the head."
"They like to keep things exclusive. Especially the name bean club."
"This brouhaha is yet another reminder that almost anything these days can be trademarked, to an extent."
Rancho Gordo has trademarked the term 'bean club,' leading to cease-and-desist letters sent to other companies like Foodocracy and Buttermilk Bean. These companies were informed that their use of the phrase infringed on Rancho Gordo's trademark. The exclusivity of the term highlights the broader issue of trademarking common phrases. Trademark attorney Josh Gerben explains that names can acquire distinctiveness, leading consumers to associate them with specific companies, as in the case of Rancho Gordo's bean club.
Read at Slate Magazine
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