For an unwary manufacturer, entering into a distribution agreement can result in the loss of rights in its own trademarks. Under some circumstances, a distributor can acquire ownership of trademarks in goods it did not manufacture, even if the manufacturer believes it owns the rights.
The heart of trademark law is brand recognition and source identification. A successful trademark is a mark that immediately conveys to the relevant public the source of the goods and services, the brand. Since trademark law is intended to protect the consumer, it is only fitting that generic marks...