“We have no cause to deny Booking.com the same benefits Congress accorded other marks qualifying as nongeneric,” Justice Ruth Bader Ginsburg wrote for the majority of the court. Justice Stephen Breyer dissented.
Other businesses including Cars.com, Dictionary.com, Newspapers.com and Wine.com had said the outcome in the case would affect their ability to trademark their names too. The case was the first of 10 cases argued by telephone in May because of the coronavirus pandemic. It was also the first time audio of arguments was available live.
The case is United States Patent and Trademark Office v. Booking.com B.V., 19-46.
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