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Genericness is in the Eye of the Beholder, i.e., the Public: BOOKING.COM is a Protectable Trademark

USA - July 7 2020 On June 30, 2020, the U.S. Supreme Court (the “Court”), in an 8-1 decision, affirmed the Fourth Circuit’s holding that “BOOKING.COM” is a protectable...

Ira S. Sacks.

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

USA - May 18 2020 On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. V. Marcel Fashion Group Inc., that a party is not...

Ira S. Sacks.

The Parameters of Generic Marks: Booking.com before the Supreme Court

USA - May 14 2020 The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable...

Ira S. Sacks.

States Cannot Copyright Annotated Versions of Legal Codes

USA - May 4 2020 On April 27, 2020, the United States Supreme Court held, in Georgia et al. V. Public.Resource.Org., Inc., in a 5-4 decision, that Copyright Law does...

Ira S. Sacks.

Willfulness Is Not Required for Awarding Profits in Trademark Cases

USA - April 29 2020 On April 23, 2020, the United States Supreme Court held in Romag Fasteners, Inc. v. Fossil Group, Inc., FKA Fossil, Inc., et al., that under the...

Ira S. Sacks.