Oklahoma IP Attorney T.J. Mantooth in Bloomberg Law - Supreme Court Affirms Validity of Booking.com Trademark
July 1, 2020
Attorneys also said the ruling will encourage litigation. In a manner “typical” of the Supreme Court, the ruling stated the rule but not how to implement it, trademark attorney Tyler J. “TJ” Mantooth of Hall Estill said.
“If I have an applicant, I would like to be able to tell them, ‘This is what we need, this is the evidence we need to prove this is not generic.’ It’s relatively daunting for a practitioner like myself to advise clients until this gets sorted out through the trademark office,” Mantooth said.
Mantooth said that “havoc” would extend to courts as entities wield costly litigation as leverage. While the Supreme Court said protection for marks like Booking.com may be narrow, companies could still end up “throwing around lawsuits” because evaluating domain marks’ validity and similarity would be fact-heavy questions difficult to resolve before trial, he said.