‘generic.com’

“Today, the Supreme Court ruled (8-1) that merely adding ‘.com’ to a generic term may allow the combination to be protected as a non-generic trademark. In other words, adding ‘.com’ can confer meaning to the consuming public, and thus is not the same as adding ‘company’ or ‘inc’, which does not confer meaning. That was really the linguistic question in the case. Case law has long held that ‘Booking, Inc’ is really ‘Booking’. So, is ‘Booking.com’ also ‘Booking’? Or is it ‘Booking.com’? As a reminder, a mark is generic when it describes what the product is, and not who makes the product …” (more)

[Michael Risch, Written Description, 30 June]

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