The power of the masses overrules the power of law in regards to trademarks. Have you ever used an “Escalator?” I bet you didn’t know that “Escalator” was actually just a brand name originally trademarked by the Otis Elevator Company. It didn’t take long before people started using the word “escalator” to refer to all moving stairs, not just Escalator-brand moving stairs. This improper usage eventually became so common that the U.S. court declared the term “generic.” Now, any company that produces moving stairs may call their product an “escalator.”
Can you imagine what would happen if any company could use the term “Google” with their products and services?
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