Or worse, you just relied on a vague memory that other people said the reason they have to do something reprehensible was because it's legally required, and even though you've heard that bullshit from a dozen US politicians in the last week and know it's bullshit you thought they must be correct.
Nowadays it can indeed be difficult to avoid getting taken in by LLM bullshit even if you don't ask an LLM yourself, but it is still possible.
Because of the case law nature of the US legal system and the informality of TM, if other people start using the term in other ways (for example using "xerox" as a verb meaning "copy") and you don't show an effort to curb that then you can lose your trademark.
In other countries things are different. Brazil, for example, uses a Latin legal system which is more formal. So the only thing that matters is whether you have registered the trademark with INPI (National Institute for Intellectual Property) or not. Which is why Gradiente owned the iPhone trademark in Brazil even though they were not using it anymore (it was from a product from around 2000) and if you asked anybody on the streets in Brazil they would associate the name with Apple.
Which gets us to estoppel. Estoppel requires explicit consent and isn't transferable. You won't get estopped from a trademark suit because the person who was misusing the mark thought they'd get away with it, that's completely contrary to how estoppel is used. If you give permission to someone to use your mark, then you're estopped from suing, but I didn't say "Give everybody permission" I merely said there's no need to sue or threaten to do so.
Genericisation is more interesting because in some sense it's true, your mark might become generic. This is generally a huge success (you don't become a household name if nobody has ever heard of your product...) but it's also extremely unlikely and both escape mention in this sort of piece. Indeed some marks listed aren't "generic" in the sense we meant here. If your mark is "genericised" as penalty for your country starting a global war, that's not going to be fixed by suing more people.
As you'd expect, the attorney assures you that you should pay them to help, even though they list absolutely no way in which they'd actually be able to help. How would you create a "clear record of enforcement"? Are you supposed to ensure that the correct number of people somehow infringe so that you can go after them? How many would be too many, or too few? How will courts measure?
The answer is it's nonsense. "Enforce it or lose it" claims are caused by the fact that lawyers would like you to give them money, - most of them will stop short of outright lying to get your money, but misleading is very much fair game when you're not even a paying customer yet.
Genericisation occurs when ~everybody uses your word to mean a thing. Are you going to sue everybody? Is an attorney going to help you, somehow, do that, some sort of reverse-class-action? No. They'll gladly take your money in exchange for the advice that in fact you shouldn't try to sue everybody.
In passing: The word heroin isn't "Inherently distinctive". It's barely distinct enough (remember this is a German manufacturer, so think German) to have made a reasonable trademark for Bayer's "non-addictive" morphine. Which is striking actually: Hey, who here has heard a story about a supposedly "non-addictive" opioid medicine sold by a huge pharmaceutical company who knew they were lying ?
The LLM stuff is because this wouldn't even be the second time I've had a thread where someone insists LLM told them about all these cases which proved me wrong. Previously in one HN thread they were so convinced they just pasted the made up case names wholesale.
"Heroin" is "inherently distinctive" in that it's a totally made-up word; it isn't a purely "generic" term like "Windows" or even a "descriptive" term like "Whole Foods". Even in German. The drug isn't literally extracted from heroes, it doesn't contain heroes, nothing like that. The reference here is to the spectrum of https://en.wikipedia.org/wiki/Trademark_distinctiveness. Even if most of the caselaw cited there is anachronistic in this case, many of the principles already existed at the time.
The Singleton thing is also a name problem, I think the court's sympathy ran out when there's re-use of branding material and evidence of actual confusion which is ultimately what these laws are trying to prevent.
Or here: https://github.com/rochus-keller/Oberon/blob/master/testcase...
The main repository only recently added a C++ implementation, but it was significantly slower than mine when I check last time (see https://github.com/smarr/are-we-fast-yet/issues/80).
I mostly use the benchmarks to check how my compilers do compared to the big ones, or how the technologies I'm interested in evolve.