THE PHENOMENON OF THE OSCAR BRAND'S POPULARIZATION.

As the ceremony for the Academy Award—better known as the “Oscar”—approaches, it might be worth recalling the history of the brand that bears the name of this famous film award.

The Oscar was first awarded on May 16, 1929, and its nickname is said to have been coined by Margaret Herrick, an employee at the Academy of Motion Picture Arts and Sciences, who, upon seeing the statuette, remarked, “It looks just like my Uncle Oscar!”

The Oscar is a registered trademark owned by the Academy of Motion Picture Arts and Sciences, which several years ago filed a lawsuit in the Court of Rome against the Italian Sommelier Association for having established the “Oscar del Vino.”

In 2016, the Court of Cassation confirmed the validity of the Oscar trademark in the film industry, thereby granting its owner, the Academy of Motion Picture Arts and Sciences (AMPAS), full rights to its exclusive use.

On the other hand, the court declared the Oscar trademark to have lapsed due to general use in connection with various types of services, specifically services related to education and entertainment in Class 41 of the Nice Classification.

The phenomenon of genericization occurs when a trademark is no longer used to distinguish one business’s products from another’s, but simply to identify the product itself (regardless of who manufactures it).

The Supreme Court has ruled that the determining factor in assessing whether the Oscar trademark has become generic is the context in which it is used.

When used to refer to the awards ceremony, the term “Oscar” is entirely appropriate. However, when used in other contexts, the term has become a common word used to refer to an award or an event associated with excellence.