Tag Archives: Trademark
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SCOTUS Opinion: Generic.com Names Can Be Trademarked
In U.S. Patent and Trademark Office v. Booking.com B.V., the Office declined to grant a trademark to “Booking.com,” which was a site that provided travel-reservation services, because, in its view, the name was generic, and generic names are not eligible for trademark protection. The district court disagreed, determining that “Booking.com” was not generic even though the term “booking” was. The ... Read More
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SCOTUS Opinion: Court Refines Defense Preclusion Doctrine In Trademark Suit
Lucky Brand Dungarees, Inc. sells clothing using trademarks involving the word “Lucky.” Marcel Fashions Group, Inc. received a federal trademark for “Get Lucky,” and used that to sell their own clothing line. Inevitably, decades of litigation ensued between the two groups as they each defended their respective “Lucky” turf. In the first round of litigation, the parties signed a settlement ... Read More
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SCOTUS Opinion: Trademark Rights Survive Contract Rejection In Bankruptcy
Under bankruptcy law, a debtor may reject any executory contract, being a contract where performance remains due on both sides. In Mission Product Holdings, Inc. v. Tempnology, LLC, Tempnology entered into an executory contract giving Mission a license to use its trademarks. Tempnology then filed for Chapter 11 bankruptcy, and asked the Bankruptcy Court to allow it to reject ... Read More