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Kim
Kim
8 months ago

The new holding in favor of Bookings.com by the Supreme Court in USPTO v. Booking.com will open a floodgate of trademark applications for generic names appended with “.com”. I agree with the court that it is not per se a generic name if one attempts to trademark a combination of a generic word and a generic top-level domain, especially if the public perceives it as a recognizable class or brand. In order to prevent overuse or misuse of this precedent in the future, USPTO and the courts will necessarily have to set the bar high for “sensitivity to consumer perception… Read more »

Jay
Jay
7 months ago

It is still too early to tell the true impact of the Bookings.com case. Just because “.com” trademarks are allowed does not mean that they will be granted. Companies must still prove that their “.com” trademark takes on additional trademark meaning in the eyes of consumers. My main concern is how the USPTO and courts will evaluate the vast amount of “.com” applications that will undoubtedly fly in. My concern echoes Justice Breyer’s dissent where he believed that the majority assigned too much weight to the consumer survey evidence. Survey evidence is suspect because companies can easily apply different methods… Read more »

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