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.”
Filed Under: generic, genericide, songs, trademark, velcro
Companies: velcro
Comments on “Velcro's Hilarious Trademark Lesson Video Actually A Good Lesson In Just How Stupid Trademark Law Has Become”
After kleenex, xerox, Clorox, Band-Aid and Rollerblades got hoovered up into common parlance, it became much easier to google them.
Re: Re:
You forgot Frisbee
Re: Re: Frisbee
That’s just a throwaway remark.
Re: Re: Re: Frisbee
You sir have made my day.
Re: Re:
Ironically time has basically made Xerox no longer such a generic word anymore. I don’t know anyone who even uses the word anymore.
Velcro on the other hand leaves me scratching my head how it’s still protected by trademark.
Re: Re: Re:
Well, if you use the hooky part of the velcro, that might soothe that scratchy head.
The Patent Irony
The patent likely worked against them. By the time competitor’s entered the market, the term for the product was “Velcro”. Because its easier said then “hook and loop”. And without any innovation to stand out, I can’t really tell the difference. In contrast, Kleenex is clearly dominant in its industry still, and I pay for the name brand because it always is superior in some way to the cheap generic. (Pocket packs for instance never dispense right with a cheap brand).
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?
"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.
Re: "Hook and Loop" Won't Stick
Actually, that particular description fits almost perfectly with the tune of “Happy Birthday”.
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.
Its almost sad… you can chart where they went from young idealistic children who were gonna lawyer & change the world… and then their souls died & they declared war on protecting a trademark because something bad could happen.
Hookenloop.
I guess it could roll off the tongue. Hookenloop shoes. Hookenloop straps. Velcro-brand 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).
A Golden Marketing Opportunity
Some “hook and loop” manufacturer needs to step up and very quickly get together a similar style video that quotes from this one “don’t call it Velcro” but also goes on you don’t have to call it “fucking hook & loop.” either, you can call it [Insert their brand Name here].
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".)
Re: Brand premium
No, genuine Velcro brand velcro is “Velcro velcro”.
Generic branded velcro is just “velcro”.
…and I’ll call it whatever I damn please. Because I don’t care about their trademark.
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.
Re: Re: Re: Brand premium
Didn’t you watch the video? It’s Velco brand fucking hook and loop.
Re: 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.
Re: Re: On Pyrex
Is there a difference between Pyrex and pyrex?
Re: Re: Re: On Pyrex
The good stuff (laboratory glassware that can go from a bunsen burner to an ice bath) is “PYREX” in capital letters. The soda-lime glass (which can shatter/explode on rapid cooling) is “pyrex”. The company was, for quite a while, denying they changed anything.
Re: Re: Re:2 On Pyrex
That’s what I thought
Re: 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.
Re: Re: Re: On Pyrex
Look for vacuum jars and desixant jars. Some are shallow and either round or oblong.
Re: Re: Re: On Pyrex
Oh great .. another benefit from the war on drugs – you can not purchase good kitchen ware. Brilliant!
Re: Re: Re:2 On Pyrex
The next article is going to be about Channel 4 revealing that Amazon is now suggesting drug-making glassware to everyone that searches for kitchen supplies.
Re: Re: Re:3 On Pyrex
I was tired when I read this. I thought it said 4 Chan.
Still thinking that makes more sense.
Re: Re: Re:2 On Pyrex
Won’t somebody think of the poor pressure cooker fans thanks to the War on Terror.
Next it will be pottery fans being discriminated against thanks to the War on Terra-cotta.
Re: Re: Re: 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.
Fun fact: “hoop and loop” (velcro too) is often translated as “tape that grabs”.
They should have just made it it Velcro® grabber tape or something.
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!)
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
How will one know when to call it Velcro?
As if there are identifying marks on every little application of velcro. What happens if it is actually Velcro and i don’t call it such? Beyond that, why didn’t they spend the time since RTM identifying it as Velcro brand hook and loop fastener product? They did it to themselves.
I only wish these results went back further:
https://trends.google.com/trends/explore?date=all&q=%22hook%20and%20loop%22,velcro
Seems a bit late…
I don’t think I’ve ever heard about them ever being called “hook and loop”, just “velcro”. It’s probably way too late to push back now. Besides, “hook and loop” doesn’t exactly roll off the tongue. Laziness of average person + decades-long habit = uphill battle for Velcro’s trademark lawyers. I predict this will be less successful than the attempt for French regulators to impose a new French term for “email”.
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.
Re: Seems a bit late…
Band-aid usually refers to the small 2 inch long, 1 inch wide self adhesive bandage. However, there are also other types of bandages as well. For example, large gauze or cloth bandages that need medical tape or a roll (or tube) bandage (3M Coban LF) or compression bandage (ACE bandage)
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.
Re: Seems a bit late…
Technically speaking, “bread” is an unregistered trademark. So is almost every word for every manufactured good. They’ve just been in use so long they’re generic.
Only in America can someone actually get pissed off for becoming TOO successful and becoming a household name themselves.
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They were leaning too hard on the patent. 25 year guaranteed monopoly + easy to say brand name = Household name. But lean on that government grant for 25 years, then what. No one actually thinks Velcro brand is better than any other brand because they haven’t built a reputation for being good at what they do or showing any reason that people would chose them over anyone else. Their only reputation is they used to be the only ones allowed to sell that product. The grant expires now all Velcro has going for them is name people recognize but don’t care about.
Maybe it’s time to actually start competing?
I have to be honest here. Lower-case-v “velcro” is so ubiquitous I thought the term had long since become generic until I read this.
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Until this, I wasn’t even aware that “Velcro” even was a company. Like probably many, I had bought into the myth that velcro had been developed by nasa for the space program.
Nylon & trademark fight
I remember – being an old-timer in the fashion industry – when Dupont had a trademark fight about the fiber “nylon”. They eventually lost and nylon became a generic name – so generic that I no longer remember whatever else the fiber was. Thanks TechDirt for you emails. Shirley Willett
Re: Nylon & trademark fight
nylon was formerly a polyamide made by Dupont
There is no reason you can’t easily be a household name and prevent actual counterfeits at the same time. The only reason the possibility of losing the trademarks exist is because companies abuse trademark law so much for other purposes. The more commonly used the marks are, the more difficult it is to ignore how burdensome the abuses are.
They should be DELIGHTED that people call everything velcro-like Velcro. Because other companies cannot display VELCRO in their products so when people go looking for VELCRO the only one that will have the brand in their products is… Velcro. No seriously, use my goddamn brand already!
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Except, if they loose their trademark, others can call their products “velcro” as well.
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Can yes, should or would, well history says not likely. If you stop and think about it, the promotional gains could easily be eaten up by the negative PR if it appeared to the public an impostor was trying to horn in on somebody else. Particularly to those raised in an ownership culture. Then there is also the potential court cost to prove that it has become a generic term. That same court case would amplify any negative PR. Additionally the potential expenses if the courts were to determine that it is still a valid trademark and not yet a generic term. One thing I have learned from reading TechDirt is that courts can be fickle. Even if the court ruled favorably, the court of public opinion may be far less hospitable. So far when trademarks have become generic terms, competitors have not shown themselves to be such high-stakes gamblers.
I've been calling it "Hook & Loop" for Years
Being in the engineering field, when we make drawings, on the BOM we always had to call it “hook & loop” because of various businesses being afraid to use the copyrighted name on their drawings. That is the only time I’ve ever heard of Velcro being refereed to as “hook & loop” until I read this article.
Re: I've been calling it "Hook & Loop" for Years
Hold the phone … an engineering drawing calling out the use of velcro?
Ummm – what product is the drawing defining?
Publicity?
Is this just being incredibly silly and/or stupid or is it some sort of publicity stunt (as if they need it!)
There’s a company named Velcro? You learn something every day.