Posts filtered by tags: U.S. Patent and Trademark Office[x]


 

United States: BOOKING.COM Trademark Books A Federal Trademark Registration Courtesy Of SCOTUS - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Trademarks pairing generic terms with top-level domains (i.e., BOOKING.COM) are not per se generic, the Supreme Court held earlier this week in U.S. Patent and Trademark Office v. Booking.com B.V.
Tags: News, Supreme Court, United States, U S Patent and Trademark Office, Dunner LLP


Supreme Court Says Generic Domains Like Booking.com Can Be Trademarked

An anonymous reader quotes a report from Ars Technica: The U.S. Patent and Trademark Office erred by finding the term booking.com was too generic for trademark protection, the Supreme Court ruled on Tuesday. Trademark law prohibits anyone from registering generic terms that describe a class of products or services. Anyone can start a store company called "The Wine Company," but they can't use trademark law to stop others from using the same name. When the online travel giant Bookings Holdings so...
Tags: Supreme Court, Tech, Ruth Bader Ginsburg, Expedia, Travelocity, Ginsburg, U S Patent and Trademark Office, Booking Holdings, Bookings Holdings


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


Live blog of opinions (Update: Completed)

We live-blogged on Tuesday, June 30, as the court released opinions in U.S. Patent and Trademark Office v. Booking.com and Espinoza v. Montana Department of Revenue. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. The post Live blog of opinions (Update: Completed) appeared first on SCOTUSblog.
Tags: Law, Live, U S Patent and Trademark Office, Espinoza, Montana Department


What Will macOS 10.16 Be Called: Mammoth, Monterey, Skyline, or Something New?

Every year heading into WWDC, one question on many Mac fans' minds is what Apple will choose as the name for the next version of macOS. The tradition dates all the way back to the beginning of Mac OS X with its big cat names, and then in 2013 Apple shifted to Calfornia-themed names with the unveiling of OS X Mavericks. Back in the early days after the debut of OS X Mavericks, we discovered a total of over 20 California-themed trademark applications filed by various limited liability companies...
Tags: Apple, Featured, California, San Francisco, Monterey, Pacific, Sierra, Sierra Nevada, Catalina, El Capitan, U S Patent and Trademark Office, Rincon, Santa Cruz Mountains, Calfornia, OS X Mavericks, Asilomar


The Real Space Force Might Lose Its Trademark to Netflix’s ‘Space Force’

The general consensus surrounding Netflix’s new comedy series Space Force is that it’s just not very good. Audiences and critics alike seem disappointed at Steve Carell’s return to TV comedy, but whatever the show lacks in quality it might make up for in…litigation. Because it looks like the real Space Force might lose its trademark to the fictional one. The real Space Force was first announced in March 2018, and quickly became a punchline. Netflix seized on this, promptly getting to work on...
Tags: Movies, Colorado, White House, Department Of Defense, Netflix, United States, Steve Carell, Air Force, Trump, Dod, Mark, U S Patent and Trademark Office, USSF, US Armed Forces, Space Force, Mark R Naird Steve Carell


On the Visual Thesaurus: The case of the generic name

Earlier this month, the US Supreme Court heard arguments (by telephone, because of the COVID-19 pandemic) in a case with special interest for those of us who follow developments in naming and trademark law. U.S. Patent and Trademark Office vs. Booking.com, the case argued on May 4, is the culmination of eight years of efforts by Booking.com, which calls itself “the world’s #1 choice for booking hotel accommodations,” to register its full name, including the .com, as a US trademark. My latest co...
Tags: Facebook, UK, Law, US, Domains, Hawaii, Linguistics, Cbs, British, Trademark, US supreme court, Slang, John Steinbeck, Danny, U S Patent and Trademark Office, The World


Empirical SCOTUS: Changes in Supreme Court oral argument format: The good, the bad and the ugly

Editor’s note: This is the first in a three-post series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The first week of the Supreme Court’s telephonic oral arguments provided meaningful data points to compare old-style oral arguments with the new framework. These new arguments were not without mishaps, as justices and attorneys attempted to navigate this unfamiliar terrain. Using Supreme Court transcript data and audio recordings...
Tags: Featured, Supreme Court, Law, Pennsylvania, Department Of Homeland Security, Ruth Bader Ginsburg, Ross, Thomas, Peter, Sonia Sotomayor, Stewart, John Roberts, Blatt, Roberts, Liu, Ginsburg


United States: Small And Micro Businesses Alert: USPTO Announces Program For Applications Covering Prevention And Treatment Of COVID-19 - Seyfarth Shaw LLP

Today, the U.S. Patent and Trademark Office announced a pilot program to accelerate prosecution of patent applications relating to COVID-19 prevention and treatment submitted by small and micro entities.
Tags: News, United States, Uspto, U S Patent and Trademark Office, Seyfarth Shaw LLP


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: U.S. Patent and Trademark Office v. Booking.com USAID v. Alliance for Open Society International Little Sister of the Poor v. Pennsylvania Barr v. American Association of Political Consultants The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Usaid, Alliance, U S Patent and Trademark Office, Oyez, Merits Cases, American Association of Political Consultants, Pennsylvania Barr


Wednesday round-up

This morning the justices have two cases on their telephonic-argument agenda. First up is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant have a preview at Cornell Law School’s Legal Information Institute. At NPR, Nina Toten...
Tags: Supreme Court, Law, California, Court, Ap, Pennsylvania, United States, Fox News, Npr, Usa Today, Ruth Bader Ginsburg, Baltimore, Usaid, Cornell, Economist, Round-up


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


Educational seminar: Debrief of U.S. Patent and Trademark Office v. Booking.com

Today at noon ET, join us for a 30-minute video discussion of yesterday’s first-ever telephonic oral argument, in U.S. Patent and Trademark Office v. Booking.com. Tejinder Singh of Goldstein & Russell and John Duffy of the University of Virginia School of Law will talk about the argument and what the case may mean for trademarks in marketing and advertising. You can join the seminar at noon here . Attendees will have the opportunity to ask questions. A link to a live-stream of the seminar will ...
Tags: Law, Trademark Office, U S Patent and Trademark Office, University of Virginia School of Law, John Duffy, Goldstein Russell, Everything Else, Tejinder Singh


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


Justice Clarence Thomas was unusually chatty during the Supreme Court's historic livestream

The Supreme Court's Monday arguments were out of the ordinary in more ways than one.Monday marked the first time the court had broadcast oral arguments live in its history. Justices and the lawyers for the case U.S. Patent and Trademark Office v. Booking.com dialed in to a conference line to debate whether Booking.com could trademark its name, some with more success than others.Justice Sonia Sotomayor had a brief bit of difficulty when Chief Justice John Roberts asked her to chime in with qu...
Tags: News, Supreme Court, Eu, George W Bush, Trump, Thomas, Josh, Sonia Sotomayor, John Roberts, Trademark Office, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Clarence Thomas, Gerstein, CJ Roberts


Monday round-up

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law Scho...
Tags: Supreme Court, Law, Congress, Court, Pennsylvania, New York Times, Donald Trump, Abc News, Department Of Homeland Security, University Of California, Trump, Round-up, Fed, Peter, U S Supreme Court, The Supreme Court


Apple iMessage Patent Describes the Ability to Edit Already Sent Texts

The U.S. Patent and Trademark Office this week published a new Apple patent application that details features for editing sent messages, an improved application launcher and many other possible features. (via AppleInsider) The patent application specifically describes features of "a messaging user interface of a message application" that are not currently in iOS. These include ways to easily acknowledge messages, display private messages, synchronize viewing of content between users, translat...
Tags: Apple, Messages, U S Patent and Trademark Office


Educational seminar: Preview of U.S. Patent and Trademark Office v. Booking.com

Today at noon, we held a webinar before the oral argument in U.S. Patent and Trademark Office v. Booking.com . Tejinder Singh of Goldstein & Russell and John Duffy of the University of Virginia School of Law led a discussion for undergraduate students on how the case relates to trademarks in marketing and advertising. A recording of the webinar is available below.  The case will be argued at 10 a.m. on Monday, May 4, with live audio access on the blog. We will host another webinar to tal...
Tags: Law, Trademark Office, U S Patent and Trademark Office, University of Virginia School of Law, John Duffy, Goldstein Russell, Tejinder Singh, Educational seminars on May 2020 oral arguments


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


United States: COVID-19 Emergency Relief Measures Relating To Intellectual Property Rights - Masuda, Funai, Eifert & Mitchell, Ltd.

As individuals and businesses grapple with the wide-spread impact of the coronavirus pandemic, the U.S. Patent and Trademark Office and the U.S. Congress have taken certain...
Tags: News, Congress, United States, U S Patent and Trademark Office, Mitchell Ltd


Court sets cases for May telephone arguments, will make live audio available

The Supreme Court  announced this morning  that it will hear 10 oral arguments by telephone in May, in 13 cases that had previously been scheduled for argument in March and April but had been postponed because of the COVID-19 pandemic. In a one-page press release, the justices indicated that argument dates over six days in early and mid-May will be assigned once the court is able to confirm the days on which the arguing lawyers are available. Both the justices and the lawyers will participate r...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, Pennsylvania, Manhattan, Deutsche Bank, Catholic, Oklahoma, Trump, Sonia Sotomayor, Creek Nation, Vance, University of Texas


iPhones and iPads Could Someday Automatically Adjust Screen Orientation Using Face ID

The U.S. Patent and Trademark Office today published a new Apple patent application that describes a facial recognition system like Face ID being used to automatically update the orientation of a device like an iPhone or iPad, as noted by AppleInsider. The patent notes that the portrait or landscape orientation of a mobile device is currently determined using accelerometers or other sensors that determine the position of the device relative to gravity. However, this does not always work perfe...
Tags: Apple, Featured, Reddit, Patent, U S Patent and Trademark Office, Face Id


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the First Amendment prohibits a state from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing another in fear, whether a guilty plea waives a challenge on appeal to the denial of a defendant’s Sixth Amendment right to represent himself and whether federal law preempts the application of state and local labor laws to the terms and conditions o...
Tags: Supreme Court, Law, California, Massachusetts, Office, Austin, United States, Treasury, Kansas, Illinois, White, Morgan, Ryan, Martinez, Moody, Department of Health and Human Services


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


Apple Pays VirnetX $454 Million for Patent Infringement After U.S. Supreme Court Refuses to Hear Apple's Appeal

Apple has paid VirnetX a total of $454,033,859.87 following the conclusion of a long-running patent infringement battle, VirnetX announced today. The patent dispute between VirnetX and Apple dates back to 2010 when VirnetX accused Apple's FaceTime feature of infringing on its intellectual property, and there are multiple lawsuits involved. In this particular case, Apple was ordered to pay $302 million in October 2016, but with interest and other costs included, the judgement was increased to...
Tags: Apple, Supreme Court, Facetime, U S Supreme Court, U S Patent and Trademark Office, VirnetX, Patent Trials, Patent lawsuits


Friday round-up

Yesterday the Supreme Court announced that the court building would be closed to the public until further notice, but would remain “open for official business.” Amy Howe covers the announcement for this blog, in a post that first appeared at Howe on the Court. Also at this blog, Katie Bart and Kalvis Golde put the announcement in historical perspective. Jess Bravin reports for (subscription required) that the court “is next scheduled to hear oral arguments on March 23, beginning a two-week sit...
Tags: Google, New York, Supreme Court, Law, Washington, Mexico, China, Court, Atlantic, United States, Missouri, House, Kansas, Louisiana, Vox, Ruth Bader Ginsburg


Apple Patents Tech That Could Solve The Biggest Issue With Current Foldable Devices

Apple today has been granted a patent for technology that could potentially be used to circumvent the issue of foldable displays creasing and cracking at the fold over time – a problem that has plagued many consumer foldable devices that have made it to market thus far. Published by the U.S. Patent and Trademark Office under the heading "System with multiple electronic devices," the patent describes a technology that allows two or more devices to act as one when brought close to each other th...
Tags: Apple, Microsoft, Patent, U S Patent and Trademark Office, Foldable iPhone


United States: JONES DAY TALKS®: Women In IP - USPTO's Trademark Filings Go Digital - Jones Day

Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications and all submissions associated with applications.
Tags: News, United States, U S Patent and Trademark Office


Apple Patents Foldable Device With Movable Flaps To Prevent Display From Creasing

Apple this week has been granted a patent for a foldable device with a unique hinge mechanism that utilizes movable flaps to help prevent the display from being creased or damaged when folded. From a report: Published by the U.S. Patent and Trademark Office today, the patent explains that the hinge mechanism would ensure adequate separation between the first and second portions of the display. When the device is unfolded, movable flaps would extend to cover the gap, and then retract when the dev...
Tags: Apple, Motorola, Samsung, Tech, Huawei, U S Patent and Trademark Office