News & Analysis as of September 22, 2024

Supreme Court of the United States › gTLD

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Trademark Guidance Supports U.S. Supreme Court’s Booking.com Ruling For Domain Name Trademark Registration

Gould + Ratner LLP on 11/12/2020

The US Patent and Trademark Office issued Examination Guide 3-20 on Oct. 28 to clarify procedures that trademark examiners should follow in view of the U.S. Supreme Court’s June 2020 ruling. As we discussed in a previous...more

Isn’t It Ironic? SCOTUS Rules BOOKING.COM Eligible for Trademark Registration

Seyfarth Shaw LLP on 7/9/2020

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

US Supreme Court Allows Trademark Registration for Booking.com

Morgan Lewis on 7/7/2020

The US Supreme Court has rejected a bright-line rule denying applications to register trademarks comprising a generic term and “.com.” In an 8–1 decision by Justice Ruth Bader Ginsberg in United States Patent and Trademark...more

Booking.Com Secures Key Trademark Win From Supreme Court – Internet Domain Name Marks Aren’t Always Generic

Polsinelli on 7/7/2020

In the ruling handed down this week in United States Patent and Trademark Office v. Booking.com B.V., No. 19-46, the United States Supreme Court voted 8-1 to affirm lower court rulings holding the trademark applications for...more

The Parameters of Generic Marks: Booking.com before the Supreme Court

Akerman LLP - Marks, Works & Secrets on 5/15/2020

The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable trademark by adding a generic top-level domain (e.g., “.com”) to an otherwise...more

Booking.com – Justices Persevere through First-Ever Conference Call Oral Argument to Hear Arguments as to Registrability of .Com...

Cadwalader, Wickersham & Taft LLP on 5/8/2020

On Monday, May 4, 2020, for the first time in its 231-year history, the Supreme Court heard oral arguments through a telephone conference call, allowing the attorneys to present arguments while complying with shelter-in-place...more

SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability

BakerHostetler on 5/6/2020

On Monday, we listened in real time to the livestreamed Supreme Court oral arguments in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V. Because of COVID-19, the arguments were...more

MarkIt to Market® - April 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/5/2020

The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

Supreme Court Hears First-Ever Telephonic Oral Argument

Rivkin Radler LLP on 5/4/2020

On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the...more

Landmark Trademark Protection Case Before Supreme Court

Morrison & Foerster LLP on 5/4/2020

United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/10/2020

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

Booking Generic Domains

Fenwick & West LLP on 1/30/2020

The U.S. Supreme Court will soon determine whether combining a generic term with a generic top-level domain (gTLD) such as .com can ever be a protectable trademark. Regardless of how the Court rules in U.S. Patent & Trademark...more

Supreme Court to Consider When a Mark Is Too Generic for Protection

McDermott Will & Emery on 12/6/2019

The Supreme Court of the United States granted certiorari on a petition filed by the US Patent and Trademark Office (PTO) seeking to overturn a district court decision in favor of Booking.com. The PTO argues that the mark is...more

Dot-Com Hits the Supreme Court

Ward and Smith, P.A. on 11/14/2019

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of...more

Booking.com Heads to the High Court

Dorsey & Whitney LLP on 11/14/2019

Last Friday, the U.S. Supreme Court granted the USPTO’s writ of certiorari to review traveling website company Booking.com’s trademark application for “booking.com”. The TMCA previously covered developments in this case here....more

MarkIt to Market® - March 2019

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/3/2019

The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period. In...more

MarkIt to Market® - February 2019

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/2/2019

The February 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for cannabis products, the fate of scandalous and immoral trademark registrations, and lists the new gTLD Sunrise Period. In...more

MarkIt to Market® - July 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/1/2018

The July 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how to maintain rights in core trademarks as brands evolve, a reminder regarding importer and exporter liability for shipping counterfeit goods,...more

MarkIt to Market - February 2015

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/2/2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

MarkIt to Market - April 2014

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/29/2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

JAMS Dispute Resolution -- Summer 2013

JAMS on 8/28/2013

In This Issue: U.S. Supreme Court Rules on Class Arbitrations; ADR CONVERSATIONS; ADR News & Case Updates; DOMESTIC FOCUS - Handling the Oncoming Tide of Generic Top-Level Domain Name Disputes; GOOD WORKS - Innovative...more

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Supreme Court of the United States › gTLD

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