USPTO vs. Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act?
The United States Supreme Court has had several cases that have a major impact. Both of which are on trademark law and intellectual property protection strategy for brand owners. One of these cases, USPTO vs. Booking.com, addresses the question of whether an otherwise generic term “Booking” in reference to an online travel reservation website can transform from an unregistrable generic term into a trademark. Simply by adding “.com” onto the term. The Supreme Court’s decision in this case that the addition of “.com” can transform an otherwise generic term into a registrable and protected trademark under the Lanham Act is likely to have significant implications for the generic doctrine and how companies apply for their marks, particularly where their products and services are offered in a domain encompassing a term that refers to their brands.
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Justin Sterling, Esq. is a leading civil litigator and business lawyer. Mr. Sterling is the founder of The Sterling Firm, a top-rated law firm with its original headquarters in Los Angeles, California. The Sterling Firm has a client base that stretches not only across the nation but also around the globe. We offer experienced and driven legal counsel for your matter. The Sterling Firm handles business law, both transactional and litigation.