SCOTUS Rejects Per Se Rule Against Trademark Protection for Generic.com Terms
MSK Client AlertÂ
July 1, 2020
The U.S. Supreme Court has held that a generic word combined with “.com” is entitled to federal trademark registration if consumers perceive the combined mark as nongeneric. United States Patent & Trademark Office v. Booking.com B. V., No. 19-46, 2020 WL 3518365 (U.S. June 30, 2020). In an 8-1 decision, the Court held that because Booking.com is not a generic name to consumers, it is not generic, and therefore is eligible for federal trademark registration. This ruling opens the door for other “generic.com” brands seeking to apply for trademarks, such as Cars.com, Dictionary.com, Newspapers.com and Wine.com.