Interesting point. Kotaku got a nastygram over it a while back: http://web.archive.org/web/20090409100222/https://kotaku.com...
I'm guessing you could reasonably argue genericide at this point, but I doubt they'll go after microsoft.
Update: did some more homework; esrb has started doing this in many places: https://en.wikipedia.org/wiki/Entertainment_Software_Rating_...