Courthouse Steps Decision: United States Patent and Trademark Office v. Booking.com B.V.
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On June 30, the Supreme Court released its decision in United States Patent and Trademark Office v. Booking.com B.V.. In an 8-1 decision, the Court upheld the ruling of the lower court, which found that “Booking.com” is not a generic term and is thus eligible for trademark protection. Justice Ginsburg wrote the majority opinion of the Court; in that opinion, Justice Ginsburg first noted that a website styled “generic.com” does not qualify for federal trademark protection if the term has meaning to consumers, but because “Booking.com” does not necessarily signify to consumers an online hotel reservation service, it is therefore not a generic term and qualifies for protection. Justice Sotomayor authored a concurring opinion, and Justice Breyer dissented. Our expert will discuss the decision and its implications.
Mr. Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law, George Washington University School of Law
This call is open to the public, please dial 888-752-3232 at 2:00 p.m. ET to access the call.