High Court Booking.com Case Highlights Stale TM Test

By Roberta Horton, Michael Kientzle and Jesse Feitel (May 6, 2020, 7:29 PM EDT) -- Aside from a little static, Monday's oral arguments in the U.S. Patent and Trademark Office v. Booking.com BV case went off without a hitch — the first telephonic argument before the U.S. Supreme Court, necessitated in this age of COVID-19.

Novelty was not limited to the telephonic appearance of the court and parties: The legal issue presented itself required the court to square old-fashioned statutory text and case law with the modern, plugged-in world. 

Earlier Proceedings

The central question in the case was whether adding ".com" to an otherwise generic term somehow transforms that term into a trademark. In particular, at...

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