FIREBALL Stays Protected—CAFC Says its Not Generic

By Gabriella Fernandez

The U.S. Court of Appeals for the Federal Circuit (CAFC) recent decision reaffirms that FIREBALL® is not a generic term, dismissing a competitor's claim that it merely describes a type of alcoholic beverage.

As Eileen McDermott at IP Watchdog points out, this ruling underscores a crucial principle: genericness—the process where a trademark becomes the common name for a product, and loses its legal protection—is assessed at the time of registration, highlighting the importance of consumer perception then, not historical usage.

For brand owners, this decision is a vital reminder to proactively protect and maintain the distinctiveness of their marks, especially in competitive markets. Is your brand name truly distinctive? A well-managed trademark portfolio is your shield against genericization and competitor challenges.