Dynadot

legal SCOTUS on domain names - Booking.com wins!

NameSilo
Watch
Impact
3,203
The Supreme Court of the United States (SCOTUS) issued its decision today in the United States Patent and Trademark Office, et al., v. Booking.com B.V. case. By an 8-1 margin, the court ruled that Booking.com could register a federal trademark for the mark “booking.com” despite the term “booking” (without the dot-com) being generic for the same goods and/or services. I expected this result (although not by an 8-1 margin; I thought it would be 6-3), so it was a positive outcome, in my opinion.

Read more at:

https://freespeech.com/2020/06/30/scotus-on-domain-names/
 
16
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
I guess everyone is busy celebrating the 4th July so I'll post my points in the hope that someone who is sober enough can answer them.

1 - Who determines 'Confusingly similar' and what are the agreed parameters? Where can we see this information. Q -would anyone say that 'KnightRaider' and 'NightRider' were confusingly similar?

2 - If I as the Registrant am registering the name as a Domain Investor does this not give me the right, whether implied or otherwise, to have legitimate interests or rights in the name by the very nature of Domain Investing if Domain Investing is recognized as a legitimate Business?

3 - What constitutes 'beyond all reasonable doubt' bad faith and what are the parameters and who determines them and where can we see this information?

4 - Are the 'Several non-exclusive factors' just the four factors in the information quoted above or are there more 'Factors'?

5 - If it is just the four 'non-exclusive factors' mentioned and the answers to all the points are 'No, they did not' is this sufficient grounds to dismiss the case or are there other factors or opinions taken into account?

That's it for now, but I would appreciate any comments or feedback that you may have.

Regards,

Reddstagg
 
2
•••
The Supreme Court of the United States (SCOTUS) issued its decision today in the United States Patent and Trademark Office, et al., v. Booking.com B.V. case. By an 8-1 margin, the court ruled that Booking.com could register a federal trademark for the mark “booking.com” despite the term “booking” (without the dot-com) being generic for the same goods and/or services. I expected this result (although not by an 8-1 margin; I thought it would be 6-3), so it was a positive outcome, in my opinion.

Read more at:

https://freespeech.com/2020/06/30/scotus-on-domain-names/

sell it to the future husband of "Honey Boo Boo" and when he has his own spin off they can name it "Boo King" :xf.wink::xf.grin:

 
0
•••
Guarding against the anticompetitive effects the PTO identifies, several doctrines ensure that registration of “Booking.com” would not yield its holder a monopoly on the term “booking.” The PTO also doubts that owners of “generic.com” brands need trademark protection in addition to existing competitive advantages.
 
Last edited:
0
•••
Most people here don't understand the implications.
So can you please help me understand a little more about it or send me to the sources that can? If one were to use “booking” as an example then is “booking”.com even for sale or is it only (no quotations) .com that is TM able or is it the other way around? I haven’t been here in a longggg time and am no lawyer. What if one had DISNEYVIDEOGAMES.com ? Does Disney have the rights to that? Or do the video game companies? Any help in this would be much appreciated. I have a friend who has naked.com.co

who are they infringing upon?

thanks so much any reply is greatly appreciated!
 
0
•••
  • The sidebar remains visible by scrolling at a speed relative to the page’s height.
Back