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United States Patent and Trademark Office v. Booking.com B.V.

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Docket No. Op. Below Argument Opinion Vote Author Term
19-46 4th Cir. May 4, 2020 Jun 30, 2020 8-1 Ginsburg OT 2019

Holding: A term styled “generic.com” is a generic name for a class of goods or services—and thus ineligible for federal trademark protection—only if the term has that meaning to consumers.

Judgment: Affirmed, 8-1, in an opinion by Justice Ginsburg on June 30, 2020. Justice Sotomayor filed a concurring opinion. Justice Breyer filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 05 2019Petition for a writ of certiorari filed. (Response due August 7, 2019)
Aug 07 2019Brief of respondent Booking.com B.V. in opposition filed.
Aug 21 2019Reply of petitioners United States Patent and Trademark Office, et al. filed.
Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 08 2019Petition GRANTED.
Dec 09 2019Motion for an extension of time to file the briefs on the merits filed.
Dec 10 2019Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 6, 2020. The time to file respondent's brief on the merits is extended to and including February 12, 2020.
Jan 06 2020Joint appendix filed.
Jan 06 2020Brief of petitioners United States Patent and Trademark Office, et al. filed.
Jan 13 2020Brief amici curiae of Trademark Scholars in support of neither party filed.
Jan 13 2020Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Jan 13 2020Brief amicus curiae of Electronic Frontier Foundation filed.
Jan 31 2020SET FOR ARGUMENT on Monday, March 23, 2020.
Feb 12 2020Brief of respondent Booking.com B.V. filed.
Feb 19 2020Record requested from the U.S.C.A. 4th Circuit.
Feb 19 2020CIRCULATED
Feb 19 2020Brief amici curiae of Trademark and Internet Law Professors filed. (Distributed)
Feb 19 2020Brief amici curiae of Salesforce.com, Inc., et al. filed. (Distributed)
Feb 19 2020Brief amici curiae of Survey Scholars and Consultants filed. (Distributed)
Feb 19 2020Brief amicus curiae of The International Trademark Association filed. (Distributed)
Feb 19 2020Brief amicus curiae of The Association of Amicus Counsel filed. (Distributed)
Feb 19 2020Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Feb 19 2020Brief amici curiae of Professor Peter N. Golder, Ph.D., and other Marketing Academics filed. (Distributed)
Feb 19 2020Brief amicus curiae of Internet Commerce Association filed. (Distributed)
Feb 19 2020Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
Feb 19 2020Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. (Distributed)
Feb 19 2020Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Feb 19 2020Brief amicus curiae of Coalition of .Com Brand Owners filed. (Distributed)
Feb 20 2020The record is located on PACER. Sealed record material from the USCA 4th Circuit electronically received.
Mar 13 2020Reply of petitioners United States Patent and Trademark Office, et al. filed. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED.
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Monday, May 4, 2020.
May 04 2020Argued. For petitioners: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Lisa S. Blatt, Washington, D. C.
Jun 30 2020Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion.
Aug 03 2020JUDGMENT ISSUED.