In the days before its initial public offering, Twitter expressed a number of intellectual property woes in documents filed with the Securities and Exchange Commision.
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On Friday, November 8, the Supreme Court granted the federal government’s petition for review in U.S. Patent and Trademark Office v. Booking.com. The issue to be reviewed is whether the addition of the generic top-level domain “.com” to a generic term can create a protectable trademark.
The dispute first arose when Booking.com applied to register trademarks containing the term BOOKING.COM in connection with online hotel reservation services. The USPTO refused registration on the ground that the term “booking” is generic for the underlying services in the application and that the addition of the generic top-level domain “.com” did not create a protectable mark. The decision was reviewed by the United States District Court for the Eastern District of Virginia, which held that BOOKING.COM was non-generic and potentially protectable as a trademark. The Fourth Circuit affirmed.