‘Tis the season for gratitude and thankfulness, and avoiding conflict and fruitcake.

From a trademark perspective, every season is for avoiding genericness, right?

After all, generic designations are part of the public domain, they aren’t own-able.

So, why is Guaranteed Rate continuing to invest in Rate.com, found to be generic

–Dan Kelly, Attorney

For those keeping score at home, various courts and tribunals have previously held the following domain names to be generic in connection with the listed goods or services:

  • BLINDSANDDRAPERY.COM for wholesale and retail services “featuring blinds, draperies and other wall coverings”
  • BONDS.COM for “providing information regarding financial products and services”
  • CONTAINER.COM for

Apparently, if you own one of the diminishing number of retail shops that specializes in tobacco products, it doesn’t really matter if you have a brand or a distinctive name, or not. Tell them what you sell, tell them you’re open for business, and they will come, I guess.

This image got me thinking about how often this marketing strategy — if