Supreme Court Rejects Per Se Rule That "generic.com" Is Generic

The Supreme Court of the United States has rejected what it called the "sweeping" rule of the U.S. Patent and Trademark Office (PTO) that the combination of a generic word and ".com" is generic, specifically finding that the mark "Booking.com" is not generic. In United States Patent and Trademark Office v. Booking.com B. V., No. 19-46, the Court (in an opinion delivered by Justice Ginsburg), affirming the judgment of the U.S. Court of Appeals for the Fourth Circuit, held that a term styled "generic.com" is a generic name for a class of goods or services only if the term has that meaning to consumers. In this case, consumers do not perceive the term "Booking.com" to signify online hotel-reservation services as a class, the term. According to the Court, in circumstances like those presented here, a "generic.com" term is not generic and can be eligible for federal trademark registration.