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Supreme Court Rules that Adding “.com” to a Generic Term Can Result in a Protectable Mark

In Booking.com v. United States Patent and Trademark Office, 591 U.S. ___ (2020), the Supreme Court rejected the United States Patent and Trademark Office’s (PTO) proposed rule that all marks that combine a generic term with an Internet domain name suffix such as “.com” are per se generic and therefore unprotectable. According to the Court, such a “sweeping” rule is inconsistent with the principles of trademark law, and “generic.com” marks can be protectable if consumers recognize the mark as an identifier of the source of certain goods and/or services.

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Federal Circuit Applies Heightened Pleading Standard Of Fed. R. Civ. P. 9(b) To False Marking Claims

Practices: Intellectual Property, Patent Litigation

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