Generic Domain Name Can't Be Trademarked, U.S. Court Rules

WASHINGTON — Sometimes domain names are just too generic to be trademarked.

Witness last week’s outcome of Hotels.com’s bid to register its trademark — a federal appeals court flatly rejected it.

In the ruling that scuttles the notion that simple domains might be intrinsically and financially more beneficial, the U.S. Court of Appeals for the Federal Circuit sided with a U.S. Patent and Trademark Office appeals board, which said that the dot-com after its business name “does not convert the generic term ‘hotels’ into a brand name.”

Hotels.com, which acts as a third party for hotel reservations, submitted to the appeals board 64 declarations from customers, vendors and competitors, each of whom stated that “the term Hotels.com is not the common, generic name of any product service, or field of study.” The company even provided a survey that backed up its claim.

But, in the end, the appeals court sided with the patent office and ruled that it sufficiently denied registration on the grounds that Hotels.com is merely descriptive of hotel reservation services, and that the applicant’s evidence was insufficient to show acquired distinctiveness under Section 2(f) of the Lanham Trademark Act.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More