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Comment by KeytarHero | Hacker News Reader

How is this an example of trademark erosion? Fiat-Chrysler still owns the rights to the name and would easily be able sue a competitor that tried calling their vehicle a Jeep. Sure, it's colloquially used as a genericized trademark, but it's not a true example, unlike ones like aspirin, cellophane, escalator - or yes, trampoline.

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People using it colloquially is exactly the thing that leads to trademark erosion.

Most eroded trade marks were previously owned and registered. It's not the registration that gives trademark protection. Trademark protection exists to protect the market place. It prevents companies from piggybacking on someone else's success.

But if the consumer doesn't think that "Jeep" is a mark, but a form factor, then no one is protected from any misunderstanding and it would be no longer a trade mark. Happened to Motorola in 2005 with "flip phone".

Really I think this illustrates best that trademarks are of dubious sanity. They attempt to police language but have no real control over it - pouncing like attack dogs to try to set an example to the kind of people who call all game consoles "Nintendos". In practice it seems like makework for lawyers which we need like a hole in a head - while to defend imaginary property in pursuit of imaginary lost profits.

I can't help but think society would be better served by using the court system for just about anything else including seeking damages from the gentleman who sold them the brooklyn bridge.

I would want some defense if someone was using say a trademark I made for kid entertainment vulgarly. Unfortunately marketing does sometimes mean policing language, if you would end up in an unfortunate position due to association

One is erosion in progress, the other has eroded fully.

Both great examples of trademark erosion, tbh.

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