infringement of trademark – Mystery of Law and Justice

A generic name is the name of a class of products or services, is ineligible for trademark registration.

Booking.com, a travel-reservation website, sought federal registration of marks including the term “Booking.com.” USA Supreme Court Concluded that “Booking.com” was a generic name for online hotel-reservation services, not eligible to registration as Trademark.

Held: A term styled “generic.com” is a generic name for a class of goods or services only if the term has that meaning to consumers.

(a) Whether a compound term is generic turns on whether that term, taken as a whole, signifies to consumers a class of goods or services. The courts below determined, and the PTO no longer disputes, that consumers do not in fact perceive the term “Booking.com” that way. Because “Booking.com” is not a generic name to consumers, it is not generic.

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Trade Mark MALABAR in public domain.

The appellant though claims exclusive right over the word ‘MALABAR’ since there is a disclaimer to the exclusive use of the word ‘MALABAR’, the appellant has no right over the exclusive use of the word ‘MALABAR’. The respondents have also inter alia brought on record the materials to show the registration of other goods under Class-30 with the word ‘MALABAR MONSOON’ granted in favour of Amalgamated Bean Coffee Trading Company Limited for Coffee Cream, Coffee included in Class-30. The registration of the mark ‘MALABAR MONSOON’ under Class-30 also contains similar disclaimer of the word ‘MALABAR’. Likewise, the label ‘MALABAR COAST’ has been registered in Class-30 for Coffee, Tea, Cocoa, Sugar etc. in favour of Tropical Retreats Private Limited which again contains a similar disclaimer for the exclusive use of the word ‘MALABAR COAST’. Having regard to the materials placed on record, we are of the view that the High Court rightly held that the appellant cannot claim exclusive right over the use of the word ‘MALABAR’. Continue reading “claim of exclusive right to trade mark in common use.” →