Generic terms—those words that actually name a product or service—are ineligible for trademark protection under current United States trademark law. The United States Patent and Trademark Office ...
Editor’s note: This post was originally published on March 16, 2020. U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by ...
Even if a generic.com trademark owner sued a competitor whose domain name incorporated the generic term and were able to show consumer confusion, this exception could shield the competitor from ...
“One critical reason the Court put forward was consumers’ association of “Booking.com” with one source: Booking Holdings, Inc. Yet, under existing trademark law, no amount of consumer recognition can ...
Many online businesses are known and referred to by a web address comprising a top-level domain (TLD) like ".com" and a second-level domain (SLD), which is the portion of the address immediately ...
“The question becomes, if the addition of a TLD to a generic term cannot create a protectable trademark, who decides whether the term preceding the TLD is generic?” On November 8, the U.S. Supreme ...
The US Patent and Trademark Office erred by finding the term booking.com was too generic for trademark protection, the Supreme Court ruled on Tuesday. Trademark law prohibits anyone from registering ...
Most people conducting an on-line search for electronics and computer products use generic terms rather than trade marked retailer or branded products terms, according to comScore Networks study ...
One often sees stories about companies announcing new brands. Today, Waymo has announced it wants to change the generic term for what it’s doing, and presumably push others to use the same generic ...
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