Hotels.com Not Unique Enough To Get A Trademark
from the the-.com-isn't-unique? dept
Eric Goldman points us to the news that Hotels.com has had the trademark application on its own name rejected (warning: pdf) as being too generic. I have to admit I'm really, really surprised about this. I would think that the combination of "hotels" with a ".com" on the end switches it from being generic to distinct, since there's only one hotels.com. However, the trademark board and the court note that there are lots of other sites that use a combination of hotels and .com, such as www.all-hotels.com, www.web-hotels.com, www.my-discount-hotels.com. That could be true, but I think those are all different enough themselves from the straight hotels.com that even getting a trademark on hotels.com alone shouldn't prohibit those other sites from existing. But that's not what the court found, noting that hotels.com itself was perfectly generic and unprotectable by trademark. It's not clear how much this would actually matter, since anyone else using the phrase will ultimately end up helping to advertise hotels.com itself. However, it does raise significant questions about trademarks on other generic words plus a .com at the end.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: hotels, trademarks
Companies: hotels.com
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Sorry Hotels.com
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Unique identifier?
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Well.... lol
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Re: Well.... lol
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Bravo
I don't see how this can be seen as troubling. How could another company use "hotels.com" to profit wrongly from hotels.com's image? As Mike said, anyone mentioning it would only help send traffic to hotels.com. Show me how this causes problems.
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Re:Bravo
The more rigorous a review is undertaken before IP rights are granted, the more valuable these rights actually are to rights holders. The amount of uncertainty, in terms of what action constitute infringement, is reduced because there will be a rigorous review should result in the clearer definition of the scope of such rights.
That being said, I believe that hotels.com, as a unitary mark, is arguably distinctive enough to warrant trademark protection.
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what if goods/services have nothing to do with hotels?
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what if goods/services have nothing to do with hotels?
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And yet...
I'm not looking to start a anti-Microsoft rant, rather I am saying that the use of a generic term in a trademark has a precedence. In light of this ruling, should the above mentioned trademark also be revoked?
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Yes, but...
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Re: Yes, but...
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On the other hand, try trademarking "lettuce" with respect to growing lettuce. THAT is where the generic comes in. If the "hotels.com" people were trademarking "hotels.com with respect to, for example, dog houses, they probably would have gotten the trademark.
Mike Masnick's surprise is ill-placed. The USPTO properly rejected the application.
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http://www.suntimes.com/business/1584952,CST-NWS-foodfight21_.article
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The key in establishing a trademark is associating your particular name in the public's mind with your particular company and nobody else's. That's why trademark law, on the surface, seems counterintuitive: the LESS a name has in common with the product, the MORE likely it will qualify for a trademark--because if the name and the product seem totally unrelated, but the public connects the two anyway, then it's only because of a company's efforts to establish that as its trademark.
For example, Adobe Acrobat is an easy trademark to establish, since the Adobe company doesn't actually have anything to do with adobes, and the program doesn't have anything to do with acrobats. But "Adobe Acrobat" really only has one meaning for the public: the software program, rather than circus performers jumping around on mud huts.
But if you had a fish shop whose name was simply "Fish Shop", there'd be nothing about it to associate it specifically with YOUR fish shop and nobody else's. And thus, the reason the name "hotels.com" isn't a viable trademark for a hotels website, despite the convenience of the name on the Internet.
Because of this, what many companies have begun doing is using an actual trademark-worthy name ("Global Galaxy Hotels", or whatever), but using the generic web address (hotels.com) to redirect to their site.
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Thank god for the ruling
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Can i choose a product name
Very interesting to read...
I want to share with you can i choose a domain related to product like socks...website likes socks.com sells socks on line can i choose my domain like socksa.com
Thanks
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