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by KeytarHero
2264 days ago
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How is this an example of trademark erosion? Fiat-Chrysler still owns the rights to the name and would easily be able sue a competitor that tried calling their vehicle a Jeep. Sure, it's colloquially used as a genericized trademark, but it's not a true example, unlike ones like aspirin, cellophane, escalator - or yes, trampoline. |
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Most eroded trade marks were previously owned and registered. It's not the registration that gives trademark protection. Trademark protection exists to protect the market place. It prevents companies from piggybacking on someone else's success.
But if the consumer doesn't think that "Jeep" is a mark, but a form factor, then no one is protected from any misunderstanding and it would be no longer a trade mark. Happened to Motorola in 2005 with "flip phone".