[Podcast] Outsmarting Cyber Scammers: A Look Into Anti-Cybersquatting Litigation
Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law
E18: ICANN Loses First GDPR Court Ruling in Germany
Are there going to be new generic top level domains available in the future?
What is a domain name? Is it the same as a company name?
Despite evidence of actual confusion and seemingly similar services, the US Court of Appeals for the Tenth Circuit upheld a district court’s noninfringement finding concerning two nearly identical education-related marks...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of the plaintiff’s suit against a domain name registrar, holding that the plaintiff did not adequately allege that the registrar used the...more
The US Court of Appeals for the Fourth Circuit joined the Third and Eleventh Circuits in ruling that the re-registration of an infringing domain name with a bad faith intent to profit violates the Anti-Cybersquatting Consumer...more
On January 13, 2022, the Fifth Circuit Court of Appeals issued an opinion in an interesting case involving internet domain names. In resolving the case, the panel took the opportunity to clarify when a cross-appeal is needed...more
Addressing the Supreme Court of the United States’ ruling in USPTO v. Booking.com B.V., the US Patent and Trademark Office (PTO) recently issued guidance on the examining procedures for “generic.com terms.” (Examination Guide...more
In U.S. Patent & Trademark Office v. Booking.com B.V., the Supreme Court held, in an 8-1 decision, that a generic word combined with the top-level domain “.com” can be a federally protectable trademark if it has secondary...more
The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
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...more
Recently the Supreme Court affirmed registration on the principal register for what appeared to be a generic term. In United States Patent & Trademark Office v. Booking.com B. V., 140 S. Ct. 2298 (2020), the Court affirmed...more
In U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court held that a term that combines a generic word with “.com” is not generic if consumers perceive the term to signify the source of a product and thus...more
On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain...more
The basic premise that a generic term is un-registrable is, at first glance, uncontroversial. If a key purpose of a trademark is to identify a particular source of goods or services, then it stands to reason that one cannot...more
On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. Booking.com B. V., holding that a mark consisting of a generic term combined with “.com” is not...more
By an 8-1 vote, the Supreme Court rejected a per se rule by the US Patent and Trademark Office (PTO) that a generic word followed by “.com” is necessarily generic and therefore ineligible for trademark protection. U.S. Patent...more
The June 30th Supreme Court decision in Booking.com held that generic terms coupled with top-level domain names can be eligible for trademark registration. This decision is a win for brand owners as it reinforces how – in the...more
A generic.com term may be eligible for trademark protection if consumers perceive the term as a source identifier. The combination of a generic word plus ".com" does not necessarily equal a generic term. Instead, in an 8–1...more
Supreme Court Decision in Booking.com Case - Booking.com, owner of the popular travel booking website, previously applied to register four trademarks with the U.S. Patent and Trademark Office (USPTO) in connection with its...more
The U.S. Supreme Court has ruled that Booking.com B.V., the owner of the hotel-reservation website of the same name, is entitled to register the mark BOOKING.COM with the United States Patent and Trademark Office (“USPTO”)....more
On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v....more
Perhaps it was Canada Day or the Fourth of July holiday weekend, but last week was relatively quiet in the distribution world. Enjoy....more
On June 30, 2020, by an 8–1 vote, the US Supreme Court rejected a ¬per se rule by the US Patent and Trademark Office that a generic word followed by “.com” is necessarily generic and therefore ineligible for trademark...more
In an 8-1 decision delivered by Justice Ginsburg, the Supreme Court declined to adopt a per se rule that combining a generic term with “.com” necessarily yields a generic mark ineligible for federal trademark registration....more
On June 30, the Supreme Court, in an 8-1 decision, issued a highly anticipated decision in United States Patent and Trademark Office et al. v. Booking.Com B.V. answering the question whether a trademark consisting of a...more
In its recent decision in USPTO v. Booking.com, the U.S. Supreme Court declined to adopt a sweeping rule that would automatically render “generic.com” marks unregistrable. This opens the door for future applicants to apply...more