Trademark: Descriptive or Generic, Distinctiveness Rules its Fate
The Supreme Court of United States (further referred as SCOTUS) in its June term resolved the longstanding issue of protecting generic domain names and trademarks. Over the past week, since the opinion was published on June 30th, the SCOTUS’s booking.com ruling has rocked the trademark world and has forced lawyers and practitioners to rethink the obvious question: “will my generic or descriptive trademark ever be protected? Will it ever receive that holy ® symbol?” The SCOTUS answers in affirmative. The...