Trademark Practice


CLE Approved

When It Isn’t What It Is: Maintaining Brand Distinctiveness and Avoiding “Genericide”

1:00PM - 2:10PM (ET)

A distinctive, popular, trademark can be a core strategic asset and the cornerstone of a company’s brand protection strategy. However, with great success comes great responsibility, along with a potential dark side – the specter of genericness and the corresponding loss of trademark rights. Tish Berard of Velcro Companies and Josh Jarvis of Foley Hoag will discuss genericness, “genericide,” and best practices for avoiding and mitigating this unpleasant fate, from initial trademark selection to policing, enforcement, and brand awareness and education strategies for at-risk marks.


Joshua Jarvis

Partner and Deputy Chair of IP at Foley Hoag LLP

Tish Berard

Senior Counsel, Trademarks at Velcro Companies