Ipse Dixit

Jorge Contreras on "Sui-Genericide"


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In this episode, Jorge L. Contreras, Professor of Law at the University of Utah S.J. Quinney College of Law, discusses his draft article "Sui-Genericide." Contreras begins by explaining the difference between trademarks and generic terms, and how generic terms relate to the public domain in copyright and patent. He discusses how "genericide" can turn strong trademarks into generic terms. But he observes that sometimes market participants want certain terms to be generic, even though they could qualify as trademarks, which he calls "sui-genericide." He explains why sui-genericide can be beneficial and how it may come into conflict with trademark doctrine. And he reflects on what sui-genericide can tell us about the concept of generic terms. Contreras is on Twitter at @contreraslegals.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

Hosted on Acast. See acast.com/privacy for more information.

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