Exploring domain name genericness: what to expect from the Supreme Court’s decision in the BOOKING.COM case (on demand)

The Supreme Court’s forthcoming decision in US Patent and Trademark Office v Booking.com BV concerns the USPTO’s refusal to register the mark BOOKING.COM for hotel reservations and related services. However, the high court’s decision is also likely to address the broader question of when a domain name can serve as an indicator of source, and the often-unclear line between generic and descriptive terms. This webinar will discuss the Booking.com case in the context of genericness jurisprudence, as well as the broad spectrum of positions that the litigants and various tribunals have adopted thus far. Such positions range from the view that a domain name can essentially never be generic (because it points to a specific internet address), to the view that a generic second-level domain, when paired with a generic top-level domain, will always yield a generic term. The webinar will discuss how the Supreme Court is likely to tackle these issues and offer practical guidance for practitioners facing them.



Samuel V Eichner

Sam Eichner’s practice focuses on copyright and trademark litigation, with experience ranging from strategy and motion practice to jury selection and trial advocacy.

Sam has successfully argued motions, cross-examined witnesses, conducted depositions and contributed to prevailing briefs. He also has significant experience with oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office (USPTO) as both enforcement and defence counsel.

Counselling on copyright and trademark acquisition, maintenance and enforcement is integral to Sam’s practice. He has worked on corporate rebranding for well-known brands and contributed to long-term strategies for brand growth and revitalization. Sam also assists clients with US privacy law matters and is a Certified Information Privacy Professional.


B Brett Heavner

Brett Heavner’s practice includes all aspects of trademark and unfair competition law, with a particular emphasis on trademark infringement, counterfeiting, false advertising litigation and TTAB litigation.

Brett’s clients include pharmaceutical companies, medical device manufacturers, banking and financial services institutions, major trade associations, food product companies and petroleum exploration and refining companies. He also handles IP issues, including protecting certification marks, for safety and quality testing organisations.

Having significant experience in all aspects of domestic and foreign trademark protection, Brett assists clients in developing effective worldwide strategies for establishing and enforcing their trademark rights. He regularly counsels clients on issues regarding trademark clearance searching, trademark and copyright licensing, and certification mark programs. He handles trademark matters in U.S. district courts, cancellation and opposition proceedings before the TTAB of the USPTO and appeal proceedings before the US Court of Appeals for the Federal Circuit.

Date - 16 June 2020

Time - 16:00 - 16:55 UTC

Click here to watch on demand.

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