Using the word “Band-aid” to describe a generic adhesive bandage is problematic. The same goes for the use of “Kleenex” interchangeably with tissues, “ChapStick” as synonymous with lip balm, and “Photoshop” to describe the general digital manipulation of photos. Each of these terms (Band-aid, Kleenex, ChapStick and Photoshop) are (or in some cases, were) federally registered trademarks, which means they were originally distinctive trademarks used to indicate the source of a particular brand’s goods. As you may know, trademark law provides protection for any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another. Unlike copyright law or patent law, which enjoy protection for a specified duration, trademark protection could potentially last forever as long as the trademark does not become generic. As such, it is in the trademark owner’s best interest to keep tabs on and shut down any unauthorized use of its trademark.