cadran's profile thumbnail
Really interesting case. Thanks for sharing your thoughts. Do you have an opinion about whether this "good" vs "bad" in general. Also – I added a link to a Verge article covering the story for context.
sbmaster's profile thumbnail
I think this is "good" for those brands that have already invested time and money in turning their generic names into brands -- such as Wine.com or Hotels.com -- but that it points out the weakness of choosing a generic+TLD as a name for a new venture: the time, cost, and potential litigation involved. So potentially "good" for you if this describes your existing brand, but a "bad" approach for anything new.
lauradrossman's profile thumbnail
Thanks for sharing. I think one ramification here could be that well-funded companies could have unfair advantages to file for exclusive use rights of a more generic term if they can withstand the costs and process of repeated prosecution with the USPTO that smaller applicants can’t. All that said, it didn’t seem that the SCOTUS was undermining the requirement that such terms develop secondary meaning vis a vis their modifiers, so it will be interesting to see if this attracts more people to try and choose such generic base names. Also, from a branding perspective, I’d like to think new companies will see value in selecting unique and creative identifiers!
sbmaster's profile thumbnail
Plus, there is the prospect for increased TM application objections, and litigation on likelihood-of-confusion grounds, between companies with similar generic names -- say a hypothetical Furniture.com objecting to an eFurniture.com or a MyFurniture.com. Absolutely agree, a unique and defensible name is a much better choice for anyone who hopes to build a brand.
alisonchilds's profile thumbnail
Thanks for posting this. Very interesting. Our startup faces both the generic name and "it describes the function of the app" - two strikes against us (RSVP). Time will tell if we register with USPTO as a different type of business or end up registering our url (rsvp.xyz) instead... First, we're hoping that the pandemic gets under control so that the entertainment industry opens up once again. Stay safe and healthy out there everyone!