NameSilo

Booking.com case picked up by Supreme Court

Labeled as news in Legal Discussion started by sarah.kate, Nov 8, 2019 at 9:07 PM.

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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 Established Member

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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 at 2:55 AM
  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 at 3:28 AM
  5. vikki88

    vikki88 Established Member

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  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 at 3:10 PM
  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 at 3:47 PM

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