Velcro's Hilarious Trademark Lesson Video Actually A Good Lesson In Just How Stupid Trademark Law Has Become
from the genericide-insanity dept
So, you've probably heard stories in the past about the fear some trademark lawyers have about "genericide" -- where their product's name becomes so attached to the product that it's considered generic and the trademark no longer applies? Think kleenex and xerox for example. We've found, over the years, that people get a bit too worked up about this, leading trademark lawyers to make some really dumb demands along the way to try to "prevent" what is generally impossible to actually prevent. We also often see people claim (falsely) that this means companies are required to stop any and all uses of their mark, even when not infringing (or, even worse, seeing people falsely claiming that the same thing applies to copyright). Either way, the company Velcro has taken... well... quite a unique approach to the fact that everyone calls their most famous product "velcro" -- even when made by competitors. They made an absolutely hilarious "We are the World"-style video begging you not to call it Velcro and telling you, in no uncertain terms, that they it's "fucking hook & loop." Really.
When I first saw it, I thought it was a John Oliver or SNL-style parody video, but nope. It's real. It's on Velcro's official YouTube feed, and they even have a behind the scenes "making of" video to explain how the video was made and how it came about (including the fact that two actual Velcro lawyers are in the video).
Of course, they insist they're doing this to get people talking about the importance of calling it "hook and loop" though I think at best, it will just get people talking about how incredibly dumb trademark law has become, where this kind of thing is seen as necessary. The only people who will now start calling it "hook and loop" are likely to be people doing it ironically. In which case, they may go with the longer "this is fucking hook and loop," as the song suggests. But, as the song itself suggests, it's totally ridiculous that the company has to do this to try to get you to stop saying the brand name that the company spent "60 plus years" building. The song also jokingly references other genericized brands, such as Clorox, Band-Aid and Rollerblades.
Thankfully, they don't seem to get the finer points of the law really wrong in the song -- noting that the patent on velcro expired 40 years ago, and if everyone calls everything similar velcro, the company might "lose our circle R." Of course, they leave out the fact that if they lose the trademark... it's actually probably not that big a deal. People will still call all similar products velcro, but Velcro-brand velcro will almost certainly still be able to charge a premium, since people will recognize the brand name.
And that's really what highlights how dumb all of this is. Even if you lose the trademark to genericide, that doesn't mean the company packs up and moves on. It just shows how much the brand itself has resonated, and companies have lots of ways to continue to capitalize on that brand, even without the registered trademark. So, while I can always get behind hilarious videos concerning oddities in trademark, copyright or patent law, this video seems like a much better lesson in the stupidity of trademark law (and how much lawyers overreact to the fear of genericide) than any legitimate argument against calling someone else's velcro-like fastner "velcro."
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Filed Under: generic, genericide, songs, trademark, velcro
Companies: velcro
Reader Comments
The First Word
“https://trends.google.com/trends/explore?date=all&q=%22hook%20and%20loop%22,velcro
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Velcro on the other hand leaves me scratching my head how it's still protected by trademark.
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The Patent Irony
Also, interestingly, I don't find Kleenex brand Kleenex in the store, nor do I find <local Brand> brand kleenex. I find kleenex brand facial tissue and <local brand> brand facial tissue. So Kleenex might no longer be generic?
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"Hook and Loop" Won't Stick
If they want to get all technical about it, according to their registration certificate, this ain't no mere "hook and loop." It's:
Now put that in a lyric.
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Re: "Hook and Loop" Won't Stick
However, I think producing a clip of someone singing it to that tune would cause some kind of intellectual property black hole to open up and swallow the world.
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Hookenloop.
...But dammit, now I'll have that song stuck in my head for hours. It's nearly as bad as The Song That Never Ends (It Just Goes On & On My Friends).
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A Golden Marketing Opportunity
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Brand premium
Uh, wouldn't anyone be able to write "velcro" on the package to get that premium? I'm certainly not going to care whether I'm buying "Velcro® hook-and-loop fastener" or "Acme velcro". (Actually, the latter is probably better, because you'd know it's actually velcro and not just some unrelated product released under the brand "Velcro"—like how soda-lime glass is being released as "Pyrex".)
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Re: Brand premium
Generic branded velcro is just "velcro".
...and I'll call it whatever I damn please. Because *I* don't care about *their* trademark.
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Re: Re: Brand premium
We might call it that (in a world where we cared who manufactured our velcro), but the company would never write it with a lowercase "v" or use it as a description of the product.
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On Pyrex
Pyrex glassware is still heat resistant (tempered soda-lime) though granted less heat-resistant than borosilicate glass. Still you can get borosilicate glassware from laboratory suppliers, often much cheaper than you can kitchenware.
Interestingly, all the Pyrex enthusiasts I know were keen about the product change-over, and now seek out vintage Pyrex over new stuff.
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Re: On Pyrex
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Re: On Pyrex
"Heat-resistant" isn't a problem at all; where the new glass fails is rapid cooling. Even putting it on a wet countertop can make it explode.
Can anyone order that stuff? I've heard some states have laws restricting laboratory glassware (a consequence of the drug war). And can you recommend suppliers and products for the kitchen? I don't need beakers and test tubes. Maybe something with a lid that fits in a microwave.
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Still thinking that makes more sense.
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Next it will be pottery fans being discriminated against thanks to the War on Terra-cotta.
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Borosilicate glassware
Lab glass is not restricted here in California, but then again we're the drug runners who supply Benadryl for Oreganians in high-pollen areas (Benedryl is over-the-counter here and a known ingredient, hence restricted, for crystal meth up there.) Anything that's not a gun is legal here in CA.
You can also look at Anchor Kitchenware (also Anchor Hocking or Anchor & Mill) who still use borosilicate glass as far as I know. Apparently, also rumor has it European Pyrex (manufactured in France) is still boro. Only American Pyrex is soda lime.
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They should have just made it it Velcro® grabber tape or something.
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I'm totally not going to call it "hook and loop"
What Velcro needs to do is invent a catchier name for their textile-sticky-tape product.
I'm also not going to call generic Post-its repositionable notes. (Seriously.)
Flying fun disk didn't fly either. (Heh!)
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Doesn't VELCRO® also have a line of variances?
That would break up the name so it doesn't sound odd.
VELCRO® Classic Velcro-Tape VELCRO® Heavyweight Velcro-Tape VELCRO® Discreet Velcro-Tape VELCRO® Double-Fuzzy Velcro-Tape
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How will one know when to call it Velcro?
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Seems a bit late…
Same goes for "band-aid"—which isn't actually synonymous with "bandage", as that applies to products beyond the medical tape + pad formula—which, again, seems to have been doomed to genericide long ago.
That said, I'm unaware of any brand names for bleach that have ever been "used incorrectly", so I honestly don't know what that's about.
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Re: Seems a bit late…
Roller blades/Inline Skates are interchangeable here.
thing with Clorox/Bleach, is that Clorox makes other cleaners too, and there are a shit ton of other bleaches than Clorox.
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Re: Seems a bit late…
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Maybe it's time to actually start competing?
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Nylon & trademark fight
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Re: Nylon & trademark fight
nylon was formerly a polyamide made by Dupont
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I've been calling it "Hook & Loop" for Years
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Re: I've been calling it "Hook & Loop" for Years
Ummm - what product is the drawing defining?
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Publicity?
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