Supreme Court: “Generic.com” Trademarks May Be Registered if Consumers Do Not Perceive Them as Generic

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The decision expands the availability of trademark protection for domain names and limits the number of terms deemed unprotectable because they are generic.

Key Points:

..The addition of the .com top-level domain to an otherwise generic term can transform the term into a potentially registrable trademark.

..Consumer surveys will become even more essential in trademark litigation, as well as in the registration process.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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