Parsing survey results in Booking.com’s trademark genericism fight

Do generic terms constitute a protectable trademark? Courts and the US Patent and Trademark Office often consider survey evidence to determine if consumers view a mark as a brand or not. In USPTO, et al. v. Booking.com B.V., Booking.com presents a consumer survey to demonstrate that its mark is a brand, however, the findings are not as compelling as it suggests.
In this article published in Law360, Richard Franciosa and Marie Minasi analyze the survey evidence prior to the US Supreme Court hearing now scheduled for May 4.
To read the full article, click the link below.