Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The U.S. Supreme Court may find itself dabbling in the law of unintended consequences if it reverses a lower court ruling. In Booking.com v. United States Patent and Trademark Office, the U.S. Court of Appeals for the Fourth Circuit found that Booking.com was a descriptive mark recognizable by consumers as a brand, opening the door to the possibility that otherwise generic terms can be trademarked alongside top-level domains like .com or .law. But reserving that decision—or leaving it intact—is not without certain risks.

For starters, the U.S. Patent and Trademark Office has argued that allowing generic marks to be registered would discourage similar services from using very common descriptors such as ”booking” in their domain names. However, removing trademark protections from entities like lodging reservations site Booking.com could also potentially make it harder for companies to push back against cybersquatting or typo squatting.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Frank Ready

Frank Ready is a reporter on the tech desk at ALM Media. He can be reached at fready@alm.com.

More from this author

Law Firms Mentioned


Doing Business On The Internet: Forms and AnalysisBook

lt;p align="left"gt;Electronic commerce has grown from a high-tech niche to a billion dollar industry and continues to grow. lt;bgt;Doing Business on the Internet: Forms ...

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.