The Potential For A Trademark To Become Generic

Trademarks and their potential for dilution have appeared as issues that must be addressed in the arena of the Internet. Microsoft who has brought an action against Lindows for the use of their Lindows trademark has come under fire for its “Windows” trademark being in fact generic and not protectable.

The following questions have been addressed in this article:

What is a trademark?
What is distinctiveness of a mark?
Who were the parties and the facts underlying the case?
What did the court determine in regards to the injunction?
What is the effect of this case?


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