In 1967, two friends from California designed a sailing surfboard that combined the sports of sailing and surfing. They originally called it a "sailboard." They filed for and received a patent, which was assigned to Windsurfing International, Inc. WSI). In 1968, WSI's Seattle dealer coined the term "windsurfing." WSI applied for and was granted trademarks for various terms using the word "Windsurfer." Between 1969 and 1976, WSI produced a particular type of board called the Windsurfer. During this time period, WSI controlled over 95% of the market. To promote sales, WSI and its employees repeatedly referred to the sport as "windsurfing" and to the sport's participants as "windsurfers." Participants, trade magazines, and the general public also used the terms, as there were no other general terms that could be used to describe this sport.In 1977, WSI began policing the use of its trademarked terms, "windsurfer" and "windsurfing." The general public continued using the terms to refer to the sport and its participants, however.
In 1984, one of WSI's competitors sued to have WSI's trademarks cancelled. What theory is the competitor espousing? How should the court rule on this issue, and why?

Question

Quizplus · Accepted Answer

The Answer is This is based on a real case. The competitors argued that the term "windsurfing" and all its variants had become a generic term for the sport of sailing on a surfboard. The court agreed, and WSI lost the case. WSI did not take adequate action to protect the mark during the early years of its use, and over time the mark lost its distinctiveness.

In 1967, Two Friends from California Designed a Sailing Surfboard