Intellectual Property Litigation: Can Use of a Generic Term in a Web Address Yield a Protectable Mark?

Litigation partner Lewis Clayton’s latest intellectual property litigation column, “Can Use of a Generic Term in a Web Address Yield a Protectable Mark?” appeared in the January 14 issue of the New York Law Journal. The article discusses the pending appeal in USPTO v. Booking.com, where the U.S. Supreme Court will be reviewing whether a generic top-level domain (such as “.com”) combined with an otherwise-generic second-level domain (the portion of a website address immediately preceding the top-level domain) can create a non-generic, protectable trademark for an online business.

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