December 4, 2020
An article written by Fitch Even partner John E. Lyhus is featured in the Japanese version of the November 2020 edition of A.I.P.P.I., the journal of the International Association for the Protection of Intellectual Property in Japan.
In the article, “U.S. Supreme Court Expands Trademark Protection for Certain Domain Names Composed of Generic Terms,” John traces the 10-year journey of the “Booking.com” domain name mark through the USPTO and federal judicial system and discusses the significance of the Supreme Court’s decision in United States Patent and Trademark Office et al. v. Booking.com. In that decision, the Court expressly rejected the concept of a per se rule against registration of a generic term followed by a top-level domain, holding instead that whether the term is generic or a protectable trademark must be determined by an assessment of consumer perception.