Page 13 - Delaware Lawyer - Summer 2020

The Court did not limit the test to
the mark’s “primary significance” to consumers in 15 U.S.C. 1064(3), but rather applied an
even broader test.
case is the undisputed principle that
consumer perception demarcates a term’s meaning.” (Emphasis added.) The Court also rejected the PTO’s
“almost per se” rule, which the PTO argued was supported by the court’s
precedent in Goodyear (that a generic. com is always generic and therefore never eligible for registration, absent exceptional circumstances), but the Court declined to overrule Goodyear.
In his dissenting opinion, Justice
Breyer wrote:
“What is Booking.com? To answer this question, one need only con- sult the term itself. Respondent provides an online booking service. The company’s name informs the
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