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The Supreme Court has recently been active in accepting trademark cases for review. This article will discuss the four cases which the Supreme Court has recently decided.


United States Patent And Trademark Office v. Booking.Com B.V. ___ S. Ct. __, 2020 WL 3518365 (June 30, 2020), stemmed from the refusal by the United States Patent and Trademark Office (USPTO) to register certain trademarks of Booking.com B.V., which provides on-line hotel reservation and other travel reservation services using a website by the same name. The ground for the refusal to register this mark was that “Booking.com” was a generic term for on-line hotel reservation services. A generic term describes a class of goods or services rather than identifying a particular source for that product or service. A generic mark is never entitled to trademark protection. The gravamen of the USPTO’s refusal to register “Booking.com” was its view that the combination of a generic word and the top-domain level “.com” always results in a generic mark, adopting a per se rule. The Supreme Court disagreed.

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