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Ninth Circuit Rules that “Google” is not a Generic Term

Posted May 19, 2017

Google survived a challenge to its trademark when the Ninth Circuit Court of Appeals rejected  the argument that Google has become so popular a verb that it should lose its status as a protected trademark.  The Court concluded that the plaintiff’s argument was “fundamentally flawed for two reasons.  First Elliott fails to recognize that a claim of genericide must always relate to a particular good or service.  Second, he erroneously assumes that verb use automatically constitutes generic use”.  Read articles in Metropolitan News-Enterprise and Bloomberg.