'Dilution' is any use of a trademark that weakens its distinctiveness

Trademarks are a form of consumer protection

Trademarks help brands distinguish their products from competitors, but they also give consumers clarity around the product they are buying and where it comes from. Distinguishable names help prevent consumer confusion and maintain a consumer's ability to choose their preferred product and brand.

Learn what constitutes trademark infringement

Infringement is a trademark violation that threatens the owner's exclusive right to use a trademark. The general standard for proving any trademark infringement is the likelihood of causing confusion to a normal consumer.

'Genericide:' Learn how too much brand awareness can hurt a company's trademark

When a brand becomes so popular that consumers regularly call the product by the brand name like a noun or verb, that trademark becomes generic because consumers no longer associate a specific brand with a certain product. A generic product can hurt a company's right to trademark or even cause companies to lose it. (Some users may experience a paywall.)

Explore some of the trademarked scents in the US

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked. Any trademark on a scent must pass two tests: distinctiveness and non-functionality. In order to be trademarked, the scent of a product can't be the primary purpose of that product (like a candle or a perfume), and the scent has to be distinct. Some of the trademarked scents include Play-Doh and the pain-relief patch Salonpas.

The median trademark of public companies in the US is worth $22.5M

There are multiple approaches to evaluating the value of a trademark. Some strategies include analyzing the value of royalty payments a trademark produces and the cost of recreating the trademark or brand.

Non-use or lapsed filings can cause a trademark to expire

Going more than three consecutive years without using a trademark can be considered abandonment—which means the trademark falls into the public domain and someone else could potentially file for the trademark. Besides non-use, not maintaining the paperwork or paying the fees can result in a terminated trademark.

Exclusionary ads can help win over customers, some marketers argue

Slogans like "if you don't like dark roast, this coffee isn't for you," also known as "dissuasive framing," can entice specific groups of customers, some marketers say. The shift comes from the perceived authenticity of a company admitting that a product is not perfect for everyone.

The 'dupe' economy is fueled by the youthful thrill of thrift

Historically, you don't want people to know you have a knock-off luxury item. But today's younger generations are embracing the "dupe" economy, an open celebration of luxury knock-off items where consumers are proud to pay less for something roughly equivalent to premium brand offerings.

Explaining concentrate and how concentrate-derived juice differs from its source

Developed to reduce the volume of goods—thus lowering storage and shipping costs—the concentration process uses pressure and heat to remove water, pulp, and skin from fruits. Concentrates provide significant flavor, sugar, and calories to foods in small quantities, but do not retain most of the fiber, vitamins, and other nutrients from the source fruit.

McDonald's intentionally avoids using the word 'milkshake'

The restaurant's US menus use an abbreviated term: the simple "shake." Conspiracy theorists suggest this means the chain doesn't use actual milk, but the truth is a bit more complicated and—much to their displeasure—mostly related to dairy regulations.

Read about different levels of price discrimination

Price discrimination is a business practice in which different customers are charged different prices for the same product or service. It's one way for a business to boost profits and take advantage of its market position. There are three levels of price discrimination, differentiated by the consumers targeted and the reasons for discrimination.

Dollar stores can have negative impacts on local businesses

When a household name dollar store like Dollar General opens in a small town or local community, neighborhood businesses often lose out on key sales, driving revenue down and putting them at risk of closure. This has led some experts to argue that dollar store chains can cause economic stress, rather than relieve it.

'NIL' in college sports refers to 'name, image, and likeness'

In 2021, the NCAA began allowing its student-athletes to profit from using their name, image, and likeness, now often called NIL. While this is now permitted by the NCAA, state law (and school policies) largely dictate what is permitted.

'Buying the dip' refers to purchasing stocks or ETFs after a price decline in anticipation of a rebound

Some investors see it as getting a discount before the market recovers and the temporary declines turn into gains.

Graffiti exists in a legal gray area

"Street art" has become a major seller in the art world, yet many states still consider graffiti to be illegal vandalism. Copyright law complicates the situation further, offering protections for "original works of authorship fixed in a tangible medium of expression," even if they've been created illegally.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Disney’s IP problem, according to industry experts

Disney seems to be an unstoppable force in the entertainment industry, but after an unprecedented high point in 2019, the company began losing money. In this podcast, two industry veterans discuss what they see as Disney's existential problems: an overreliance on preexisting material and an inability to innovate as it once did.

Why water is the universal solvent, despite not being good at dissolving many substances

Because oxygen attracts electrons much more strongly than hydrogen does in H₂O, the molecule is polar, with a negative charge at the oxygen atom and positive charges at the hydrogen atoms. These charged regions can attract and pull apart charged portions of other polar molecules, such as washable inks, but are unable to dissolve nonpolar materials, such as glass and asphalt.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

Monopolies are considered the most extreme form of imperfect competition

True monopolistic companies face no competition, meaning there aren't any near substitutes for the goods or services the company provides. Often, no competition exists because the monopoly is either approved by the government or the barrier to entry is costly.

How a failed investment bank almost became the name of a whiskey line

In the fallout of the Great Recession of 2008, Barclays bought several assets from the failed investment bank Lehman Brothers in a fire sale and maintained the company's trademark, despite the bank's collapse. Tiger Lily Ventures attempted to launch a whiskey line parodying the name, but the product was rejected in court due to questions over Barclays' maintenance of the trademark.

What it means to call something 'Lynchian'

David Lynch was one of American cinema's most influential directors. He brought a singular, unsettling vision to the silver screen. Critics, however, have trouble pinning down what it means when other artists try to recreate that vision. This essay untangles his influence, tracing the word "Lynchian" back to its earliest utterances and attempting to define a notoriously slippery term.

The Beatles once sued Nike

Nike used The Beatles' "Revolution" in an ad, sparking a $15M lawsuit over the song's use. While The Beatles and Nike ultimately reached an agreement, Nike ushered in the modern practice of using hit songs in advertisements, as opposed to jingles or covers.

Diffusion models generate nontext media by adding and removing noise from a dataset

Unlike text-based AI tools, which rely on large language models to recognize patterns in text, diffusion models use a reward system to generate images, video, audio, and 3D models. They can also be customized to match a user’s style.

Dsup protects DNA from radiation up to 3,000 times the tolerable human dose

A key component of a tardigrade’s biochemical toolkit, the damage suppressor protein is produced and binds to DNA molecules when the animal enters its dormant tun state. Dsup has provided a 50% reduction in double-strand DNA breaks in mice after exposure to X-rays.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

An initial public offering or 'IPO' is the process of a private company becoming public by putting shares of the company on the stock market for purchase.

Some coin denominations have ridges etched on their sides, partly to prevent counterfeiting, in a practice called 'reeding.'

To reduce wrinkles in clothing, research recommends gentle wash cycles with more water and tumble drying with smaller loads and longer times.

Pure water does not conduct electricity because this flow of energy requires the movement of charged particles, and water is a neutral molecule.

Dozens of S&P 500 stocks, including Coca-Cola and Walmart—known as the dividend aristocrats—have increased dividends every year for 25 years

Netflix profits when you're not watching, and its movies are designed that way—read a detail-rich critical essay exposing lesser-known Netflix takes

Indefinite cloning of some endangered species may not sustain their longevity because cloning success rates decrease as genetic mutations accumulate.

A pickleball's loud 'pop' sound can reach 120 decibels, which is equivalent to a hammer hitting a nail

The Mona Lisa's celebrity status and repeated restorations have obscured what made the painting so revolutionary for its time

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

The story of Dollree Mapp, whose legal challenge over her 1957 conviction for possessing "obscene material" led to a major strengthening of the Fourth Amendment

An investigation suggests a Scottish island became awash in forever chemicals via seafoam and seaspray—raising questions about what that means for the safety of other coastal areas.

All rainbows are 'raincircles' caused by water droplets separating white sunlight into a spectrum of colors, but Earth's surface blocks the bottom half of the circle from our line of sight.

Doctors differentiate between a phobia and fear by asking patients whether their fear interferes with their day-to-day activities.

Browse a detailed visual analysis of over 200,000 similes—comparisons that often use 'like' or 'as'—from popular fiction to see how frequently writers the same idiomatic expressions.

Budweiser stores yeast derived from the original 1800s strain in a secret bunker, which only the Head of Yeast Management can access—not even the CEO

Fast-casual restaurant Chili's is experiencing a resurgence, with its parent company recently reporting a nearly 32% increase in sales, thanks to passionate Gen Z fans on TikTok.

Mid-century modern graphic designers, known for their bright colors and bold lines in advertising, also found success with children's books.

Poison ivy's rash-causing compound is found in the plant's roots, stem, and leaves—so coming into contact with any part of the plant can lead to rashes for the 85% of people who are allergic to it.

Tattoos remain visible on your skin thanks to immune cells called macrophages

For centuries, Niagara Falls has been a magnet for daredevils seeking to conquer one of nature's most powerful wonders, with its 200-foot drop and water rushing at 32 feet per second with 280 tons of force.

The price of gas is a composite made up of several different factors, with the federal gas tax making up less than 20% of what drivers pay at the pump.

The most expensive ad of all time was for Chanel No. 5 perfume and cost roughly $33M to produce in 2004—about $57M in today's dollars.

Prince's sexually explicit 1984 track 'Darling Nikki' attracted the ire of the Parents Music Resource Center, an advocacy group that inspired the Parental Advisory sticker, even though the song ends with a Christian message.