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On Demand

Is Genericide Still a Thing?

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Description: Alphabet (Google) has beaten back challenges claiming that “google” is a generic term for searching in an internet search engine. More recently, Lego took the comedian and talk show host Seth Meyers to task for referring to “Legos” on air, which led to a flurry of social media commentary expressing strong opinions. Has brand awareness gone far enough that trademark owners no longer need to be concerned that their brands will suffer the fate of ESCALATOR, LAUNDROMAT and TRAMPOLINE? This audio CLE will consider whether using a trademark as an adjective and conducting awareness campaigns like “Not Even Xerox Can Xerox” and Velcro’s classic 2017 “Don’t Say Velcro” video are still necessary to keep trademarks from becoming generic. We will also take a look at the case and consider whether this has lowered the bar for ordinary terms as trademarks.
Laura J. Winston is part of the firm's intellectual property group. Ms. Winston focuses her law practice primarily in the areas of trademarks, copyrights and the internet, representing a broad range of both domestic and international clients from individual business owners and small startup ventures to established Fortune 500 and publicly traded companies.
Ms. Winston’s experience covers various industries, including pharmaceuticals and medical devices, gaming software and hardware, alternative energy, travel and transportation, and numerous others.
Ms. Winston is known for her strategic counseling when registering trademarks and has been referred to as a litigation avoidance advocate due to her thoughtful and creative solutions for avoiding or resolving disputes.
Ms. Winston covers the full gamut of trademark services, whether it involves transactions, searching and clearance, acquisition and registration, opposition and cancellation proceedings, and domain name dispute resolution. In the circumstances where it is not possible to stay out of the courtroom, Ms. Winston is prepared and willing to handle litigation matters on behalf of her clients. 
Ms. Winston is an active member of the International Trademark Association (“INTA”) and serves as a subcommittee chair on INTA’s Brands and Innovation Committee. She has acted as a facilitator of INTA Table Topic discussions for U.S. and international participants in the areas of trademark selection and clearance, the finer points of securing trademark registrations, and cost-effective international trademark protection strategies. She is also on the faculty of Brand School Masterclass by BrandTwist, an online branding course targeted to small businesses and entrepreneurs.


Practice Areas: Information Technology Law & E-Commerce
Online Media Type: Audio
Production Date: 06/15/2021
Level: Intermediate
Category: Standard
Duration: 0 Hours, 53 Minutes
Online Format: On Demand

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Total Credits: 0.75
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: 06/14/2024
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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Laura Winston, Esq. - Offit Kurman - Attorneys at Law
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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