Go look at registration 520270 if you don’t believe me.  I represented a UK company named Jaques that claims that it coined the term and sold it to Parker Brothers around 1900, but that’s another story.

Now, to anticipate a question I get asked when I blog about this sort of suit: “Because the plaintiff is more motivated. It is usually easier for the defendant to use a different generic term, than to defend the suit, which would likely involve spending over a $100k for a survey that established that the term was generic.”

Complaint Ping Pong