Play小蓝视频 Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court.
Panel
Attorney, Electronic Frontier Foundation
Professor, Florida State University
Partner, Leason Ellis
Professor, Harvard University Law School- Christine Farley (Moderator)
Professor, Washington College of Law
Issue
The case on the Supreme Court鈥檚 docket this year that the trademark bar is most excited about is U.S. Patent and Trademark Office v. Booking.com. The case will be the first occasion for the Court to opine on generic marks since it decided 鈥渟hredded wheat鈥 was generic in 听1938. And this case raises the genericness doctrine in the context of a domain name. Respondent Booking.com operates a website that allows customers to book travel and hotel accommodations. The U.S.P.T.O. refused registration of booking.com finding it to be generic and therefore barred by the Lanham Act. The Court of Appeals for the Fourth Circuit ruled that Booking.com is a protectable trademark. Now the Supreme Court will decide if the addition of 鈥.com鈥 to an otherwise generic term can create a protectable trademark.