News & Analysis as of

United States Patent and Trademark Office v Booking.com BV Booking.com Trademark Trial and Appeal Board

Sheppard Mullin Richter & Hampton LLP

USPTO Issues Guidance on Examination of Generic.com Terms

In June of this year, the US Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not per se generic. (USPTO v. Booking.com). In response,...more

Tucker Arensberg, P.C.

SCOTUS Weighs In: Do Two Generic Terms Equal a Trademark?

On June 30, 2020, the United States Supreme Court issued a much-anticipated decision regarding the trademark application of Booking.com.  In United States Patent and Trademark Office v. Booking.com, the Court held that a mark...more

McCarter & English, LLP

Book It: Supreme Court Holds Booking.com Is Registrable As A Trademark

How appropriate that the first-ever Supreme Court case to consider whether trademarks used on the internet can be registered should also be the first in which oral argument was conducted remotely. The issue in this historic...more

Rivkin Radler LLP

The Notorious RBG Spits Fire: BOOKING.COM Is Not Generic

Rivkin Radler LLP on

As is often the case, technology develops faster than the law. In that connection, courts are often called upon to apply legislation from yesteryear to technology which, at the time the legislation was passed, would have been...more

Eversheds Sutherland (US) LLP

“Generic.com,” not so generic after all: BOOKING.COM registers a win at Supreme Court

On June 30, 2020, the US Supreme Court held that a “generic.com” mark (a generic term in combination with “.com”) could be eligible for federal trademark registration, refusing to adopt the US Patent and Trademark Office’s...more

Vinson & Elkins LLP

Supreme Court Revises The Book On Generic Terms In Booking.com

Vinson & Elkins LLP on

The United States Supreme Court issued the long-awaited Booking.com decision on Tuesday. Justice Ginsburg delivered the 8-1 opinion of the Court, holding that a combination of a generic term and a top-level domain name, like...more

Akerman LLP - Marks, Works & Secrets

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

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

Fenwick & West LLP

Booking Generic Domains

Fenwick & West LLP on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Ward and Smith, P.A.

Dot-Com Hits the Supreme Court

Ward and Smith, P.A. on

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

Dorsey & Whitney LLP

Booking.com Heads to the High Court

Dorsey & Whitney LLP on

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

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