This Monday, May 4, 2020, the United States Supreme Court will hear its first-ever telephonic oral arguments in a trademark case regarding the nature of the boundary between “descriptive” and “generic” terms. While the question presented is narrow—whether the addition of a generic top-level domain (such as “.com”) to an otherwise generic term (such as “booking” for travel booking services) can create a protectable trademark—the Court’s ruling could affect how a wide array of brands are (or are no longer) enforced.
Read our client alert.