'OrderMyOil.com' Too Generic For TM Claim, Mass. Court Says

Law360, Boston (July 12, 2019, 4:33 PM EDT) -- A Massachusetts appeals court on Friday said the internet domain name “OrderMyOil.com” presents the “rare instance” in which a trademark claim was properly dismissed, saying the term is generic even though the company behind the website has promoted it for years.

United Oil Heat Inc. turned to the appellate panel to revive a 2017 suit filed in Bristol Superior Court in which the company, which does business as OrderMyOil.com, claimed common law trademark infringement against another home heating oil supplier using the term “OrderYourOil” in connection with its business.

The complaint was dismissed by a lower court judge and the appeals...

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