[Gnso-newgtld-wg] FW: Client Alert - Supreme Court Finds BOOKING.COM Non-Generic And Capable Of Federal Trademark Registration

[Alexander Schubert]

I have no clue about TM law. Hence a question to the TM law cracks here:

Does this mean that someone could register the TMs “pharmacy.com” for online
sale of pharmaceuticals  or “hotels.dallas” for online hotel bookings – and
then deny Walgreens to start promoting their currently not resolving domain
“pharmacy.com” for the online sale of pharmaceuticals, or the prospective
registrant of hotels.dallas to promote the domain for online hotel bookings?



Thanks,

 

Alexander

 

From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf
Of Aikman-Scalese, Anne
Sent: Wednesday, July 01, 2020 3:12 AM
To: gnso-newgtld-wg at icann.org
Subject: [Gnso-newgtld-wg] FW: Client Alert - Supreme Court Finds
BOOKING.COM Non-Generic And Capable Of Federal Trademark Registration

 

Dear WG members,

Just in case anyone on the list is wondering about the US Supreme Court
decision in the booking.com trademark case that Paul and I were discussing
on the list, please see attached summary.  Again, my view is this is a
“secondary meaning” case with uncontested evidence that consumers recognized
the domain as a source indicator of the owner’s services.

 

Thank you,

Anne

 


Anne E. Aikman-Scalese


Of Counsel


520.629.4428 office

	

 <mailto:AAikman at lrrc.com> AAikman at lrrc.com


_____________________________





Lewis Roca Rothgerber Christie LLP


One South Church Avenue, Suite 2000


Tucson, Arizona 85701-1611


 <http://lrrc.com/> lrrc.com

	

 

 

 

 

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