Legal Chefs’ Appetizing Taglines to Engage Consumers in the Age of Social Media: The Struggle Against Trademark Genericide

Abstract

Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on social networking sites. Moreover, social media is impacting users' lifestyles and brain anatomy and physiology. Studies are revealing that brain scans of heavy social media users are similar to the brain scans of gamblers and drug-addicted individuals. Additionally, businesses are facing difficulties in maximizing the marketing potential of their well-crated trademarks while fighting to maintain distinctiveness in the slipstream of social media. Thus, businesses must proactively regulate and protect their trademarks, despite the current difficulties existing on social networking sites.