Understanding Google's Genericization: A Double-Edged Sword

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The Genericization of Google: Positive or Negative? What’s in a name? Certainly, it can be tied to product identification, brand loyalty and a tremendous amount of revenue. Companies protect their trademarks knowing that public perception must be positive, controlled and maintained. Without control over your name, it seems self-evident that doom awaits. According to Jamie Lundi, “copyright genericide can occur when the benefits to society of copyright protection (i.e. the incentive to create) cease to outweigh the costs” (131). Truly, copyright protections won’t apply if the material becomes so used as to become commonplace. In his article, Pike comments upon rules and regulations that protect a company from losing creative control over …show more content…

Trademarks are "signs", according to Alan Davidson, which distinguish particular goods and services (268). Davidson's position is that a trademark means a representation of a company’s logo which “is protected under common law and the Trade Marks Act 1995” (268). Lundi suggests this protection is not absolute, and that if trademarks are commonly used, they lose legal protections by becoming "too valuable" (18). In essence, they become public property. There are many such product examples including the use of the word Kleenex for a tissue and Skidoo for a snow-mobile. In the case of Aladdin Industries Inc. v. Canadian Thermos Products Limited. In this case, the court held that the primary issue was distinctiveness. The position of the court was that the word “thermos” was properly registered in 1907. But, as the first action claiming copyright infringement was not heard until 1964, too long a period had passed. The word “thermos” in the last 57 years has passed into common parlance and thus genericized. This early case set the standard and created the assumption that genericization must always be negative. However, once a product or service becomes synonymous with the company itself, it can accrue a significant competitive advantage to the originator. Bernard Gova presents compelling evidence regarding how popular Google has become. In 1998, "about 85% of all searches (in Europe) were performed" using Google (364). Thus, Google may be genericized, but most internet searches are conducted using the Google search engine. This means that Google holds a monopoly on the market and being genericized has, if anything, aided in the popularity of their

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