Letter to Linguistik Department of Harvard, Yale, Stanford, US Embassy und Trade Department

Help for court proceedings in Germany - origin and meaning of the word hacky sack – Linguist Dept. Ladies and Gentlemen in Germany there is a law firm that sued small entrepreneurs because of using the word hacky sack. They are asking for 5.000 Dollar compensation; they claim to have the trademark rights to this word. We see it differently; the word has existed far longer than the brand. Hacky Sack is a generic term used worldwide. Hacky Sack was never incorporated in the United States. A hacky sack is a ball filled with hay; this term has been used for about 4000 years (according to Wikipedia) In everyday life, one is repeatedly confronted with brands, which are often used as a generic designation. Here are some examples where this might apply: Coke (cola drink) flip flop (swim sandals) Jeep (SUV) Hacky Sack (Ball) These well-known brands are often used as a generic product name in consumer circles. Hacky Sack has evolved over time into a commonly used term or trade name and the mark has lost its distinctiveness. Hacky Sack is a generic term used worldwide. The trademark is used illegally for warning purposes. The brand no longer produces. The brand owner reported in an interview from 2015 (in the Süddeutsche Zeitung) that they are now moving into other business areas, electric scooters. Please give us your neutral opinion as a linguist on the word hacky sack. Thanks, and greetings from Germany