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U.S. Supreme Court


June 18, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Oral Arguments – United States Patent and Trademark Office v. Booking.com

On May 4th, 2020, for the first time in history, the US Supreme Court heard oral arguments over the telephone and offered a live audio stream. In United States Patent and Trademark Office v. Booking.com, the question before the Court is whether Booking.com successfully established that it had acquired secondary meaning, which would support trademark protection for descriptive marks...

June 18, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Romag Fasteners, Inc. v. Fossil, Inc.

On April 23rd, 2020, the U.S. Supreme Court unanimously held that willfulness is not required for trademark owners to recover damages from infringers, settling a Circuit Court split on the matter. Six Circuit Courts previously required willfulness in order to award profits to non-competitors while six other Circuit Courts did not...


February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Google LLC v. Oracle America, Inc. ”“ U.S. copyright protection for software interfaces

Supreme Court - On November 15, 2019, the U.S. Supreme Court granted certiorari in Google LLC v. Oracle America, Inc. The questions before the Supreme Court are whether: (1) copyright protection extends to a software interface, and (2) Google”™s use of a software interface in the context of creating a new computer program constitutes fair use...

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

United States Patent and Trademark Office v. Booking.com ”“ Obtaining a U.S. federal trademark registration for domain names

Supreme Court - On November 8, 2019, the U.S. Supreme Court granted certiorari in United States Patent and Trademark Office v. Booking.com. The questions before the Supreme Court is whether an online business can create a protectable trademark by adding a generic top-level domain (e.g. “.com”) to an otherwise generic term...

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