The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods or services only if the term has that meaning to consumers.” The opinion was delivered by Justice Ginsburg and joined by eight members of the Court, with Justice Breyer dissenting and Justice Sotomayor filing a separate concurring opinion. In the Booking.com case, the U.S. Patent and Trademark Office (USPTO) was urging the High Court to reverse a judgment of the U.S. Court of Appeals for the Fourth Circuit that held BOOKING.COM to be a registrable trademark. But the Supreme Court ultimately found that the genericness analysis should turn on consumer perception, rather than a “per se rule” against trademark protection for a generic.com term.
Recent Posts
- The Rise of IP Lawsuits When Posting Images: How to Navigate and Avoid Copyright Infringement Issues
- The SEP Couch: Lyse Brillouet on Managing SEPs and Open Standards
- Unveiling The Untapped Potential of Brazil’s Solar Energy Market
- AI Armor: Learn How to Harness AI to Invest in Your Company’s Future
- Other Barks & Bites for Friday, April 19: European Court Rejects Pablo Escobar Trademark; Federal Agencies Launch Anti-Competitive Healthcare Practices Portal; and Reddit Cracks Down on Copyright Infringement