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No. 19-46October Term 2019Decided Jun 30, 2020

Docket 19-46October Term 2019 (2019–2020)

Patent and Trademark Office v. Booking.com B. V.

This case asks whether a common word plus ".com" can ever become a protectable brand.

Case status

Current stage
Decided
Latest event
Decision released Jun 30, 2020
Case Accepted
Arguments
Decision ReleasedJun 30, 2020
What it's about

This case asked whether Booking.com could register its name as a federal trademark even though “booking” is a generic term for reservation services. The dispute turned on whether adding “.com” to a generic word can make the combined term distinctive enough for trademark protection.

Question presented

Whether the addition by an online business of a generic top-level domain (".com") to an otherwise generic term can create a protectable trademark.

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Jun 30, 2020

Area

Decided Supreme Court case

Briefing

What it's about

The Patent and Trademark Office and Booking.com are fighting over whether "Booking.com" can be registered as a federal trademark. The dispute centers on whether adding ".com" to a generic word like "booking" can make the full name distinctive.

Vote

The case is still pending, and oral argument has not been scheduled. The key fight is whether consumers see "Booking.com" as a brand name or just the online version of a generic service.

Impact

The answer could affect how online companies name and protect their brands. A travel site, retailer, or search service built around a common word may gain or lose trademark rights depending on how ".com" names are treated.

What's next

The next major step is oral argument or another scheduling move from the Court. Until then, businesses and trademark lawyers will watch for signs of how the justices may treat ".com" names built from generic words.

Why is the government challenging Booking.com's trademark application?

The Patent and Trademark Office says "booking" is generic for reservation services. The case asks whether adding ".com" changes that enough for trademark protection.

How could this case affect other online businesses?

It could shape whether companies built on common words can secure federal trademark rights. That matters for sites selling travel, shopping, or search services.

What should readers watch for next in this case?

Watch for oral argument or another scheduling order from the Court. That will show when the justices are ready to publicly test each side's position.

Decision

Decision record

What the Court decided

This case asks whether a common word plus ".com" can ever become a protectable brand.

Impact

The answer could affect how online companies name and protect their brands. A travel site, retailer, or search service built around a common word may gain or lose trademark rights depending on how ".com" names are treated.

Not official Court text.

Opinion documents

Timing

Decided June 30, 2020

The Court released its decision on June 30, 2020 without hearing oral argument.