The Wall Street Journal heralded the Supreme Court’s decision in the Booking.com case with the headline “Supreme Court Eases Trademark Rules for Websites. (United States Patent and Trademark Office et. al. v. Booking.com B.V., decision by J. Ginsburg.) The Court “gave online companies broad latitude to trademark their website names,” it proclaimed

It’s that time of year again, when people are traveling hither and yon.  If you haven’t made your reservations by now, or the French strikes have you worried, it’s likely you will find yourself at midnight scrolling through online travel sites to snag a last-minute, 20% off deal. Booking.com may be just the ticket.

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The Brunetti Case

The United States Supreme Court decision in Iancu v. Brunetti issued June 24, 2019 held that the Lanham Act provision barring federal registration of immoral and scandalous marks violated the First Amendment. The majority opinion, by an odd fellows grouping of justices (Kagan, Thomas, Ginsburg, Alito, Gorsuch and Kavanaugh) explained that this