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time to register your generic.com

United States Patent & Trademark Office (USPTO) v. Booking.Com B.V. (Supreme Court 2020) [Full Decision PDF] In this trademark case, the USPTO asked the court to implement its “nearly per se” rule that a generic term remains generic even if coupled with a generic top level domain (such as “.com”).  The 4th Circuit sided with BOOKING.COM and the Supreme Court has now affirmed: “[W]e discern no support for the PTO’s current view in trademark law or policy.” Id. According to the majority, the ques...
Tags: Supreme Court, Law, Uspto, Patent, Travelocity, Ginsburg, PTO, Goodyear, Sotomayor, Breyer, United States Patent Trademark Office USPTO, Booking com, Goodyear Rubber Co, Booking Com B V Supreme Court, Goodyear 's India Rubber Glove Mfg Co


Argument analysis:  A very orderly argument

The Supreme Court’s first telephonic oral argument raised the question whether a business can create a registrable trademark or service mark by combining an unprotectable generic term for the services it offers with the generic top-level domain name “.com.” Trademark law bars registration of generic terms, but it permits the registration of merely descriptive terms if they have acquired enough secondary meaning that the public understands them as trademarks rather than as terms that describe goo...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Ross, Shutterfly, Thomas, John Roberts, Blatt, Roberts, Ginsburg, PTO, U S Court of Appeals, Goodyear, U S Patent and Trademark Office


A “view” from my laptop: Arguments.com

There is much anticipation going into this morning’s argument, historic for being conducted via teleconference because of pandemic concerns and for offering live audio for the first time. On C-SPAN in the hour before the argument, Jeffrey Rosen, the president of the National Constitution Center, is giddy with excitement. “It is indeed a historic morning,” says Rosen. “It’s an experiment for everyone.” The lawyers arguing this morning’s case, U.S. Patent and Trademark Office v. Booking.com B.V., ...
Tags: Featured, News, Supreme Court, Law, Washington Post, Washington, United States, God, Department Of Justice, Ruth Bader Ginsburg, Ross, Container Store, Thomas, Sonia Sotomayor, John Roberts, Blatt


Supreme Court on Generic Functionality for Website Designs.

USPTO v. Booking.com B.V., Docket No. 19-46 (Supreme Court 2020) Oral arguments are set in this trademark case for May 4, 2020 [Listen Live at 9:00 am EST].  Booking.com is seeking to register rights on their eponymous service BOOKING.COM. The basic question is whether the addition of “dot com” to a generic term can result in a protectable trademark. The company’s actually uses the word “booking” in its typical generic form: “The World’s #1 Choice for Booking Accommodations.”  However, the comp...
Tags: Supreme Court, Law, Uspto, Patent, Fed, PTO, Goodyear, Federal Circuit, The World, Goodyear Rubber Co, Goodyear Co, Goodyear Rubber Company, Wine Company Cotton Company, Oppedahl Larson LLP, Oppedahl


Argument preview: Is “Booking.com” generic for online hotel reservation services?

Editor’s note: This post was originally published on March 16, 2020. U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registe...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Argument preview: Is “Booking.com” generic for online hotel reservation services?

U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registered and unregistered marks. The law bars trademark protection for gener...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc