36 min

The Valley Current®️: Michael Risch on Booking.com Trademark Rights in Otherwise (Arguable) Generic Domain Names THE VALLEY CURRENT®️ COMPUTERLAW GROUP LLP

    • Entrepreneurship

Though the PTO ruled otherwise for decades, the Supreme Court overruled the PTO and has decided that adding “.com” to an otherwise generic domain name does not prevent creation of both a nationally protectable (AND FEDERALLY REGISTRABLE) trademark. It was an 8-1 split that Professor Michael Risch was certain would happen despite continuing PTO objections. Questions now remain on what constitutes infringement. Exact copying will certainly be charged with infringement, but things become unclear when it comes to derivatives (e.g. NewYorkBooking.com) is that generic too?  Listen in as Jack Russo and Michael Risch discuss SCOTUS’s ruling on trademarking (arguably) generic terms and if Booking.com is interested in taking further protective steps in WIPO and/or in registration systems in overseas countries where booking.com has operations and customers which may well be most of the rest of the world.

Though the PTO ruled otherwise for decades, the Supreme Court overruled the PTO and has decided that adding “.com” to an otherwise generic domain name does not prevent creation of both a nationally protectable (AND FEDERALLY REGISTRABLE) trademark. It was an 8-1 split that Professor Michael Risch was certain would happen despite continuing PTO objections. Questions now remain on what constitutes infringement. Exact copying will certainly be charged with infringement, but things become unclear when it comes to derivatives (e.g. NewYorkBooking.com) is that generic too?  Listen in as Jack Russo and Michael Risch discuss SCOTUS’s ruling on trademarking (arguably) generic terms and if Booking.com is interested in taking further protective steps in WIPO and/or in registration systems in overseas countries where booking.com has operations and customers which may well be most of the rest of the world.

36 min

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