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Law Week Colorado Quotes Sherman & Howard’s Jim Sawtelle on U.S. Supreme Court Trademark Protection Case

DENVER, Colo. (May 7, 2020) — Sherman & Howard Intellectual Property Group leader Jim Sawtelle provided comment for Law Week Colorado on travel website Booking.com’s recently argued case before the U.S. Supreme Court. Booking.com brought its case to court after the U.S. Patent and Trademark Office rejected its trademark application seeking protection for its name.

In the article, “Do Two Generics Make a Trademark,” Jim Sawtelle looks to the main case law underlying the Booking.com case, noting that the earlier case established that adding a component to a generic name will not ordinarily create a mark that may be protected through federal registration.

Oral argument in the case occurred on Monday, May 4, 2020. A finding in favor of Booking.com could result in a significant departure from the long-standing precedent. The fact that federal trademark registration can confer exclusive rights to use a name makes this a case to watch.

The case is U.S. Patent and Trademark Office v. Booking.com, 19-46.

The full article was published in May 4 edition of Law Week Colorado (subscription required.)