In an 8-1 majority decision, the United States Supreme Court held that adding “.com” to a generic name can create a protectable trademark. United States Patent and Trademark Office v. Booking.com B.V.
A generic name is the name of a class of products or services. Id. A term styled “generic.com” is a generic name for a class of goods or services only if the term has that meaning to consumers. Id.
In light of the above decision, trademark owners should consider beginning to obtain information for use as evidence of a term’s significance to consumers.