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Registration of a generic domain name as trademark the booking.com case
Registration of a generic domain name as trademark the booking.com case

Author(s): Ruxandra Vişoiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: generic trademark; domain name; trademark law; intellectual property;

Summary/Abstract: In this article, we will discuss the possibility of registering an Internet domain as trademark and, most specifically, trademarking a generic domain. A few months ago, the US Supreme Court ruled in favor of Booking.com, who initially was not permitted to register their domain name with the United States Patent and Trademark Office. Even if our day to day legal activity involves dealing mainly with Romanian or, at most, European law, this US case sets an important legal precedent and shows that law really can keep up with the times and the ever changing world of technology. We will first examine the potential pros and cons for registering a domain name as trademark, then analyze the Booking.com case, aspects of continental law, ending with a short discussion about the future of trademark law in a world dominated by the powerful Internet.

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 127-142
  • Page Count: 16
  • Language: English