Booking.com, an online travel booking platform owned by Priceline.com attempted to trademark their website name "Booking.com". Their request was rejected at The Trademark Trial and Appeal Board who cited that "the site's name was generic" and did not approve Booking.com's request. This case highlights the debate between where to draw the line between generic and proprietary and in this case, the board sided against the travel agency.
Case Specifics:
Booking.com, represented by the law firm Foley & Lardner LLP, ruled on the matter and provided the fact that "consumers would not read 'any ambiguity or dual meaning in the term' and that 'Booking.com' would be 'obviously and immediately understood" for booking purposes as a rationale. Furthermore, the judge found that Booking.com only pertains to the act of booking travel services, and not a wide array of other bookings or "an entire genus of services".
Appeals and Negotiations:
The court, anticipating or perhaps expecting an appeal, also mentioned that "very strong evidence of acquired distinctiveness would be required to render the term registrable" and could not find "actual market recognition of Booking.com as a source indicator" of gaining users to the platform. This case was not a total loss for Booking.com, however, as their logo was allowed to be registered in this claim.
Source:
- http://www.law360.com/ip/articles/761868?nl_pk=688afd99-43da-41e2-baf9-0f852e028cd1&utm_source=newsletter&utm_medium=email&utm_campaign=ip
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