IP Attorney T.J. Mantooth in IP Watchdog regarding Booking.com case ruling
June 30, 2020
The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks
Hall Estill Intellectual Property Attorney T.J. Mantooth spoke with IP Watchdog regarding today's Supreme Court Ruling in the Booking.com case.
“Trademark eligibility has been turned on its head with the Supreme Court’s support of the primary significance test to determine trademark eligibility. A potential race to the courthouse to file a trademark application has been created for any website that can show significance to the relevant consumer. This decision may end up being one step forward and two steps backward as the U.S. Trademark Office transitions to evaluating trademark applications based on the primary significance test to determine trademark eligibility. The power has shifted with the Booking.com decision allowing evidence of public perception to determine trademark eligibility of a word or term. The Court has indicated that the addition of ‘.com’ to a term can alter the trademark eligibility of the term, which could muddy the waters of website domain names significantly.”