Finguerra-DuCharme Quoted in Bloomberg Law on Protecting Trademarks from "Genericide"
Partner Dyan Finguerra-DuCharme, a co-chair of the Trademark Group, discussed the nuances of enforcing trademark protections when a trademarked term becomes popular in generic use. The analysis directly relates to the Peloton challenge to the enforcement of the trademarked term "Spin." The article references other brands that have faced a similar fate. According to Bloomberg Law:
No one ever really associated “Spin” with a brand, while companies successfully framed Jacuzzi, Kleenex, and Xerox as brands in at least some consumers’ minds, trademark attorney Dyan Finguerra-DuCharme of Pryor Cashman LLP said.
“You just need to go strong and heavy from inception, and continue that pressure,” Finguerra-DuCharme said.
Finguerra-DuCharme recalled her team “going all out” for then-client Pfizer Inc. to prevent Viagra from becoming generic. That involved 28 lawsuits, many cease-and-desist letters, and even informative letters to news organizations that used it in a generic manner for erectile dysfunction medicine, she said.
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