E-Commerce Law: Maybe Google’s Not Concerned About Genericide Afterall

In The Genericide of Google, E-Commerce Law commented upon the addition of the word "google" to the Merriam-Webster's Collegiate Dictionary and how that addition must be a cause of concern amongst Google’s attorneys.

Now we’re not sure what to think.

It seems that Google has taken somewhat inconsistent approaches to protecting the "Google" trademark from genericide.

It should not surprise readers that a print dictionary was not the first to contain an entry for "google" as a verb. Word Spy and dictionary.com both have entries for "google" as a verb that are similar to the entry we commented upon last month. After Word Spy’s entry was made public in 2003,

"Google lawyers sent the site's editor a letter (portions of which were later posted to an online discussion board) saying that it wants ‘to make sure that when people use 'Google,' they are referring to the services our company provides and not to Internet searching in general.’"

Protecting Google Brand "Tricky Business" at boston.internet.com. The letter sent to Word Spy must have been very similar to the "genericide protection" letter described by former Google employees on Xooglers.

Years after reminding Word Spy of the "appropriate" use of the word "google," Google permitted Pontiac to run television commercials in which the term was used "inappropriately." A voice over for the 30-second ad says, "Don't take our word for it, Google 'Pontiac' to find out!" It doesn’t appear that Pontiac received the standard "genericide protection" letter; in fact, Google indicated that it was pleased with the commercial, saying,

"We are happy that Pontiac has featured Google search in their television ad campaign. This is evidence that mainstream brand advertisers are increasingly realizing the close relationship between broadcast advertising and search usage."

Genericide Unsweated at Google? on Language Log.

Now, after the addition of "google" to the Merriam-Webster's Collegiate Dictionary was reported by the Washington Post, Google has again delivered its standard "genericide protection" letter. In an article published yesterday, Frank Ahearns, a Washington Post reporter, says

"Google, evidently, took offense to this passage in last month's article: "Google, the word, now takes its place alongside the handful of proper nouns that have moved beyond a particular product to become descriptors of an entire sector -- generic trademarks.’"

Based upon the description contained in the article, Ahearns must have received a letter very similar to the one sent to Word Spy.

Sending "genericide protection" letters or taking out "genericide protection" advertisements, educating the media and the consuming public on the appropriate use of a trademark, is a sound practice for a trademark holder concerned about losing distinctiveness and value in a particular mark. To be effective, however, such a strategy must be consistently applied. The trademark holder cannot caution some parties about "inappropriate" uses of the mark while permitting, or encouraging, the mark’s misuse by others.

For more information, see Protecting Google Brand "Tricky Business" on boston.internet.com; Genericide Unsweated at Google? on Language Log; and So Google is No Brand X, But What is Genericide? in the Washington Post.