Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 29 JULY 2020

Booking.com - Book em? Maybe…..or leave a Booking Mark

Coleman Greig Lawyers
Explore more from Coleman Greig Lawyers

Discussion about a recent US case which raised the Genericness Doctrine in the context of a domain.

AustraliaIntellectual Property
Melissa McGrath
Melissa McGrath
Author LinkedIn connections

On Monday May 4, 2020 via a teleconference, the United States Supreme Court heard oral arguments in the United States Patent and Trademark Office (USPTO) v. Booking.com B.V., Docket No. 19-46. This was the first oral argument heard and presented to the court since they closed their "doors" in March as a response to COVID-19. This opinion is the first of the Court on generic marks since it decided that the term "shredded wheat" was generic in 1938.

This case raises the "genericness doctrine" in the context of a domain. The respondent in this case, namely, Booking.com operates a website which primarily allows consumers to book hotels and travel related accommodations. The application for the mark booking.com was refused by the USPTO since they found it to be generic and therefore, barred by the Lanham Act.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
AustraliaIntellectual Property
LegalVision
LegalVision
Article

Controlled Foreign Company rules - UK:

In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new Controlled Foreign Company (CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.(CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.
AustraliaIntellectual Property
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia