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CSPAN Supreme Court Oral Argument In Patent Trademark Office V. Booking.com July 13, 2024

Please the court, it is a fundamental principle of trademark law that no party can attain a generic trademark like wine or cotton. As the lanham act confirms, a generic term is neville is never entitled to protection matter how much work the promoter has used and what access it has achieved. In other words, secondary meaning or acquired distinctiveness is simply irrelevant to generic terms. That booking is generic for the Hotel Reservation Services Respondent provides and they could not federally register booking. In goodyear, this court called that the mere to an unpredictable term does not create a protectable mark because the terms indicate only the parties have formed an association to deal in relevant goods. Fromprohibited an adapter obtaining this, goodyear ensured that no party can monopolize a generic term. The same result should apply to booking. Com, the add ....

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