[Volokh] David Post: Google This!:

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Posted by David Post:
Google This!:
http://volokh.com/archives/archive_2008_04_20-2008_04_26.shtml#1208895922


   A [1]survey from the market research firm of Millward Brown puts
   Google(TM) at the top of all global brands in terms of consumer
   recognition. I have no idea whether the survey is or isn't accurate,
   though it strikes me as a plausible result.
   The interesting thing, though, is this. As those of you who know
   trademark law know well, a term cannot be a trademark if it has become
   a "generic" descriptor for goods or services. Lots of
   previously-trademarked names -- aspirin, cellophane, escalator --
   began life as brand names, but over time became "genericized" and lost
   their trademark protection.
   "Google," of course, is used generically all the time -- as in "google
   this, will you?" or "I googled her this morning and found out that . .
   ." The most well-recognized brand name in the world is conservatively
   worth billions of dollars; yet I am not aware of Google, Inc. doing
   anything to try to stem the genericization of their name. (Xerox, by
   contrast, with a much less valuable brand name than Google's, spends
   scads of money taking out advertisements pleading with consumers not
   to use their name as a generic description of photocopiers or
   photocopying services). That strikes me as odd, I must say -- perhaps
   they've decided that there's nothing they can do about that usage? Or
   that they get plenty of pay-back from having a name that consumers use
   generically?

References

   1. http://www.guardian.co.uk/media/2008/apr/21/googlethemedia.digitalmedia