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By JCausey, Section Microsoft Related Articles
The following article is republished with permission of Benjamin Horst from his SolidOffice blog. It was prompted by a discussion being held on a mailing list for the OpenOffice.org marketing project and as a participant in that project, I'm trying to help him out in spreading the word.
Please note: This article is not covered by the IPW site's CCL. Please contact the original author for permission to republish. Though I'm sure you would get it. A brand name that is used too generically by too many people risks losing its legal trademark status. (Xerox and Kleenex have fought hard against this, while Aspirin and Band-Aid have lost their trademarks.) According to BitLaw, "A valid trademark can become generic if the consuming public misuses the mark sufficiently for the mark to become the generic name for the product. The prime examples of former trademarks that became the generic name for a product are ASPIRIN and CELLOPHANE. Current trademarks that were once considered to be candidates for becoming generic are XEROX and KLEENEX. XEROX has spent a great deal of advertising money to prevent misuse of its mark. By doing so, XEROX has likely avoiding the loss of its trademark."
The IP Counsel Blog calls this process "generocide":
"Generocide is the term coined to describe the loss of a trademark that no longer serves as an indicator of a source of goods because consumers came to regard the trademark as a generic term."Software is as susceptible as any other product (see this article about Google's trademark peril). Though this seems like a real risk, I think we are about to see a different trademark loss occur. The word is "powerpoint," and it is used generically by millions of people to mean "presentation graphics" or a "slideshow presentation created on a computer." Those terms don't sound familiar to many people, because they're awkward synonyms of the vernacular "powerpoint." In my own office, our people say "powerpoint" all the time. They don't mean "Microsoft PowerPoint." They could mean anything from a self-running Flash presentation, to a word processing document, to a series of JPGs in a folder, to a web page! The only common thread is that they succinctly and beautifully (depending on the skill of the creator) summarize the sales pitch being made. And they almost always use "powerpoint" as a noun. I think it's time we formalize this situation. Why? To make it easier to talk about a "powerpoint" that I made using Impress or KPresenter or Corel Office. When your professor says, "Turn in your assignment powerpoints at the beginning of class," she's not trying to make you purchase a $500 software program (unless she's a big shareholder of MSFT). You can use any of a dozen tools, many free, to generate your assignment, no different than when she asks you to turn in a web page. You can say to your prof, "Can I use OpenOffice Impress to make my powerpoint?" and she'll say "Use what you want, I don't care." (That's my idealized version, anyway.) Returning to the IP Counsel Blog, to avoid generocide, the trademark should: The first two conditions are rarely met when one talks about a powerpoint. Thus, the crux of my argument. Still not convinced? Look at definition two of "PowerPoint" on Wiktionary.org. So why am I writing this? I want to start a blogmeme and see if others pick up and pass this idea around the net. I think it would be fun and maybe subversive to raise this issue. It just might, with luck, enter the public consciousness and help solidify my premise that powerpoint is a generic term and should be recognized as such.
Is "Powerpoint" Generic Yet? | 8 comments (8 topical, 0 editorial, 5 hidden)
Is "Powerpoint" Generic Yet? | 8 comments (8 topical, 0 editorial, 5 hidden)
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