Many online businesses are known and referred to by a web address comprising a top-level domain (TLD) like “.com” and a second-level domain (SLD), which is the portion of the address immediately preceding the TLD. This term, the Supreme Court is set to decide in Booking.com, whether a generic TLD combined with an otherwise-generic SLD can create a non-generic, protectable trademark for an online business. United States Patent and Trademark Office v. Booking.com B.V., No. 19-46. We report here on that pending appeal.

The Lanham Act

The Lanham Act defines a “trademark” as “any word, name, symbol, or device, or any combination thereof” used “to identify and distinguish … goods [or services], including a unique product [or service], from those manufactured or sold by others and to indicate the source of the goods [or services], even if that source is unknown.” 15 U.S.C. §1127.

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