NameSilo

Booking.com case picked up by Supreme Court

Labeled as news in Legal Discussion started by sarah.kate, Nov 8, 2019.

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  1. sarah.kate

    sarah.kate Established Member

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    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. KTC

    KTC Upgraded Member Gold Account

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    Oh, Richmond. Never change. 😑

    Thank you for sharing this article!
     
  3. Sutruk

    Sutruk Established Member

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    Thank you for sharing the link. It was interesting to read it!
     
    Last edited: Nov 9, 2019
  4. HappyW

    HappyW Owner of NamesMaker.com Gold Account

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    This is not the first case. I once mentioned in NP answering other threads that trademark+com will be able to apply for a trademark for brand protection.It has been successfully implemented in China 3 years ago.but i think this report will be very beneficial for top-level domains, which will reduce the barriers from buyers.
     
    Last edited: Nov 9, 2019
  5. vikki88

    vikki88 Established Member

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    Thanks for sharing the article
     
  6. Soofi

    Soofi Top Member PRO VIP ★★★★★★★★★★

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    Worth it, on how to secure your brand investments in TLDs imo
     
  7. HappyW

    HappyW Owner of NamesMaker.com Gold Account

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    TLDs has only investment and communication properties and no brand attributes.IMO
     
  8. netlas

    netlas Established Member

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    Don't understand the argument, perhaps someone can tell me why BOOKING.COM shouldn't be able to secure a trademark on "BOOKING.COM"?

    It includes ".com", so the generic argument is out the window...

    To me, that's like saying you can't trademark BOOKINGGBEWUVGWUG because it include "GBEWUVGWUG" after it.
     
  9. Sutruk

    Sutruk Established Member

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    I have to admit that at first reading, I thought they registered the trademark for the "Booking" word. But after reading more carefully, AND after looking at their US trademarks, I see that they have the trademarks for "Booking.com".
    I think this is totally legit, because the trademark is clearly limited to their domain "Booking.com" and not for the generic word "Booking".

    The funniest part of all this, is that a chinese company registered a trademark at the United States Patent and Trademark Office for the word "Booking" and it was accepted in 2018...
     
  10. netlas

    netlas Established Member

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    The only issue with these trademarks I can see is if someone registers a .com trademark for a domain they don't own.
     
  11. MTB

    MTB Established Member

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    Excellent point
     
  12. sarah.kate

    sarah.kate Established Member

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    My concern is what might happen to the owners of FlightBooking.com, HotelBooking.com, TripBooking.com etc. etc. if "booking.com" is granted a trademark. Will those domains suddenly be infringing?
     
  13. Sutruk

    Sutruk Established Member

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    I don't see any concern. The trademark is only for "booking.com" NOT for "FlightBooking.com" "HotelBooking.com" nor "TripBooking.com".
     
  14. Sutruk

    Sutruk Established Member

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    If someone registers a .com trademark for a domain they don't own, that would be simply not a valid Trademark.
    You cannot register a Trademark for something you don't own, and hoping to be a valid one.
     
    Last edited: Nov 11, 2019
  15. DpakH

    DpakH Upgraded Member Blue Account

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    Trademark is like a magnet in internet space.
    The domain that has been registered today merely may not be free from the trademark issue.
    There is a probability that someone may apply a trademark for the word in the future.
    Just my opinion

    Thanks
    DpakH
     
    Last edited: Nov 11, 2019
  16. sarah.kate

    sarah.kate Established Member

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    They already own Booking.com, so what is the purpose in getting a Trademark on "booking.com" unless they are trying to go after infringement of the name. There are many ways they could claim these domain are infringing: Confusion, Name Tarnishment, Name Dilution.

    There is no doubt that if I have PhoneApple.com Apple is going to have an issue.
     
  17. Tryjake

    Tryjake Established Member

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    Hmmmm. What about DisneyVideoGames.com ?
    How many degrees can a company go? I understand especially if the shoes were reversed but if I had a site that was trying to generate money from ad sales through SEO etc to send them to a company it seems like that company should be paying me! Lol

    is there a guideline to this? I don’t think there is a trademark lawyer in Alabama! Why would a registrar sell something if it’s blatant to someone who is a novice especially?
     
  18. Sutruk

    Sutruk Established Member

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    I see the purpose of getting the Trademark on "booking.com" for example for marketing or merchandise purposes.

    So, only they can sell a T-Shirt with the "Booking.com" words. So no other company can sell T-Shirts with "Booking.com" in the t-shirt.

    At least, that's what I see.

    They are not asking to register the generic word "Booking", they just registered the "Booking.COM" Trademark, just because they own the domain .com so they just want to trademark it, so they can merchandise their mark (their domain).

    Also, they have never filed a UDRP against any domain just for containing the word "Booking". Only once, and for a domain containing "BookingCom", it was for Bookingcom.xyz.
     
  19. Sutruk

    Sutruk Established Member

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    Disney have registered the "Disney" word trademark.
     
  20. Tryjake

    Tryjake Established Member

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    So what does that mean exactly? I am gaining an understanding of the obvious but do they own the whole phrase as a .com? Or are you implying you don’t think my question is applicable since we are talking about domains not words. I just do not know enough about it but it’s a very interesting topic to me as I learn. If a song or movie has a word in it they have trademarked can I get in trouble for having a domain with the word? Such as Deniro and the movie “Casino”? Depending on some of this I need to be spending more at the USPTO than on new domains getting phrases!?
     
  21. Sutruk

    Sutruk Established Member

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    In my opinion, that means that you can get problems with a domain containing "Disney" because that solely word is already trademarked, and Disney is a very popular and known company by everybody. So they can argue that you have registered the domain in bad faith.
     
  22. sarah.kate

    sarah.kate Established Member

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    DisneyVideoGames.com infringes Disney trademark (obvious)

    HotelBooking.com infringes Booking.com trademark (certainly a potential)

    The issue is that we don't know what it will mean for the future. No company has been granted a trademark that contains a generic word + .com before, so who knows how this will all play out.

    I don't think they are seeking a trademark to stop t-shirt sellers though.
     
  23. Sutruk

    Sutruk Established Member

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    Anyway, really, I am just posting my own opinion. I am not a lawyer.
    OK, if this is true, then for me better to NOT allow the "booking.com" trademark.
    Maybe I am wrong and if it's for a better protection for domain owners to not allow that trademark, of course I agree with this.
     
    Last edited: Nov 12, 2019
  24. Tryjake

    Tryjake Established Member

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    Thank y’all for the replies. Well I didn’t buy anything in bad faith so I kind of feel like ICANN should prevent the “obvious” from being sold....I guess now that I have started to read some more it makes sense but it is a fine line in a lot of instances as far as I can tell so I may end up at SCOTUS one day. Disney is one thing but how much can some monster size companies monopolize?
    I may Trademark Strippers and a couple of cities today;)
     
  25. Sutruk

    Sutruk Established Member

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    There's a Lawyer in this forum. You can read some of his posts, so you can get more informed about the issue.

    https://www.namepros.com/threads/booking-com-trade-mark-could-be-blocked.1162619/

    https://www.namepros.com/threads/what-about-mens-jewerly-store-tm.1141717/#post-7282016


    https://www.namepros.com/threads/trademark-check.1105767/#post-6943007

    https://www.namepros.com/threads/domain-registered-before-trademark.542846/#post-3221160

    https://www.namepros.com/threads/trademark.1012714/#post-6103778
     

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