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The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyInternet LawLitigationTrademarksUnited States Supreme Court

IP News

By Anthony H. Cataldo

U.S. Supreme Court to Hear Booking.com Trademark Case

The Supreme Court of the United States issued an order on Nov. 8, 2019 granting certiorari in the matter of United States Patent & Trademark Office et al. v. Booking.com BV (No. 19-46). The issue is whether an applicant may obtain a trademark registration for a generic term by adding a top-level domain suffix to that term and demonstrating through a survey that the public considers the entire term to indicate the origin of applicant's services, rather than the genus of such services. Put another way, the Court will decide whether an applicant may appropriate a term that is generic for the services offered by the applicant by appending ".com" to that term and building up goodwill in that entire term.

Prior Cases Considering This Issue

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