The Booking.com Decision: Implications for Brand Owners

In the recent United States Supreme Court decision, United States Patent and Trademark Office v. Booking.com, the overall holding that that a generic term combined with a generic top level domain name is not necessarily generic is significant in and of itself, but in reaching that conclusion, the Supreme Court touched on several other issues that could have even more far reaching consequences.

Please join us for a webinar that will explore what the Booking.com decision means and how it might impact the ways in which we think about trademarks, domain names and generic top-level domains. Specific topics will include:

  • The newly clarified standard for genericness based on Section 14(3) of the Lanham Act;
  • How surveys might be used to determine whether a mark is generic or descriptive;
  • Applications of this decision to new generic top-level domains;
  • Possible changes to the way domain names are used and valued;
  • The impact of exclusive trademark rights in domain names on competition; and
  • Other possible obstacles to registration of domain names as trademarks.

Brian J. Winterfeldt, Founder and Principal, Winterfeldt IP Group, PLLC


  • Elliot Basner, Chewy.com
  • J. Scott Evans, Adobe
  • Jeanene Jobst, WarnerMedia
  • Jared Kagan, Debevoise & Plimpton LLP (counsel to Booking.com)
  • David Rome, Winterfeldt IP Group, PLLC

CLE credit pending in California and New York.

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