Business Case Study Of VELCRO

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A trademark can be an essential platform for strengthening a company’s goodwill. A trademark entails any symbol, word, or phrase that can be identified with firm’s products and services. These items might be qualified as trademarks when they gain a signifying meaning among the company’s customer base (Maggs and Schechter 4). Nonetheless, the misuse of this proprietary asset can result in lack of legal protection and confusion among customers since it might be difficult to deduce the origin and identity of a particular product. As such, some companies have resorted to unconventional means of protecting their trademarks. This paper will discuss the trademark problems facing the assigned case study of VELCRO with reference to relevant statutory …show more content…

As such, the company’s attempts to protect the inappropriate use of VELCRO trademark might be futile. According to the amended U.S. Trademark Act of 1946, any registered mark, symbol, or word that becomes a generic trademark is entitled to cancellation (17). Therefore, the mark will lose its legal protection under the Trademark Act once it becomes a generic mark. It means that VELCRO will lack the legal right to sue any infringers of the VELCRO mark based on the Trademark Act of 1946. In Dial-A-Mattress Franchise Corporation v. Anthony Page et al., the judge held that the plaintiff could not register the name “mattress.com” as a trademark; thus, the suit was subject to rejection. In this case, the judge reasoned that the word “mattress” was not exclusive to the plaintiff’s products alone as it could also encompass the competitors’ products. Further, the word would not sustain any legal protection if infringers used it with a spelling mistake such as “mattres.” A similar reasoning might apply in VELCTRO’s case. To enumerate, the word “hook-and-loop” might mean various things other than VELCTRO’s brand. As such, the company might lack legal protection in case of

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