“Booking” a Domain Name: Surveys, Genericism in Trademarks, and the USPTO

28 September 2021
Hosted By: NERA Economic Consulting

In June 2020, as part of USPTO v. Booking.com, the US Supreme Court considered whether a business can register a trademark comprised of a “generic” term coupled with a domain name such as “.com.” The Court sided with the defendant, basing its ruling in part on survey evidence indicating that nearly 75% of relevant consumers thought Booking.com was a brand.

On 28 September, NERA Associate Director Healey Whitsett and Jeffrey Warshafsky, Associate at Proskauer Rose LLP, will discuss the Booking.com case, the Court’s finding that genericness should be determined by consumer perception, and the ruling’s implications for future survey research in litigation involving genericism and dot-com names.

This webinar is the first in our Survey Evidence in Litigation Series this fall. Click here to view the other webinars.

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Healey Whitsett
Associate Director,
NERA Economic Consulting

Jeffrey Warshafsky
Proskauer Rose LLP


NERA Economic Consulting is accredited by the State Bar of California (#19366) as a provider of continuing legal education. The program is being held with the intention that its attendees qualify for 1.0 CLE credit hour in areas of professional practice. The program is appropriate for experienced attorneys only.

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