Following the decision by SCOTUS on the Booking.com case, two new trademark applications for domain names were spotted at the USPTO.
Fetch.com, applied for a trademark registration for FETCH.COM – nothing too surprising! The application is for:
Computer application software for mobile phones and tablet computers, namely, software used to facilitate peer-to-peer pick-up and delivery of goods and conducting errands.
This is a new application, and their previous trademark application was for FETCH.DELIVERY – also a valid domain name. That one was abandoned.
Domains, brands and trademarks. Photo by Amador Loureiro on Unsplash
Meanwhile, Jerky.com applied to trademark JERKY.COM at the USPTO. This is a fun case, primarily because Jerky.com already owns no fewer than 20 trademarks for JERKY.COM.
The catch: all of them are design marks, where the entire domain JERKY.COM is disclaimed!
For example:
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “JERKY.COM” APART FROM THE MARK AS SHOWN
Color is not claimed as a feature of the mark. The mark consists of a highly stylized, cursive-like writing of the term “JERKY” and a highly stylized print writing of the term “.COM”. The term “JERKY” appears in larger font than the term “.COM”. Extending from the letter “Y” is a stylized rendition of a lasso, extending and arcing around the right side of the term “JERKY,” then looping around to lasso the term “JERKY,” and then arcing around to the left below the term “JERKY”.
Jerky.com is applying for two new trademarks where the JERKY.COM mark is exactly the domain name – no design elements whatsoever.
IC 035. US 100 101 102. G & S: Mobile retail store services featuring dried meat, dried game, dried poultry, dried fish, dried seafood, meat-based snacks, preserved meats and sausages, biltong, fried peanuts, dried fruit, pretzels, and licorice.; Retail store services featuring dried meat, dried game, dried poultry, dried fish, dried seafood, meat-based snacks, preserved meats and sausages, biltong, fried peanuts, dried fruit, pretzels, and licorice. FIRST USE: 20130800. FIRST USE IN COMMERCE: 20130800
IC 029. US 046. G & S: Dried fish; Dried fruits; Dried seafood; Preserved meats and sausages; Processed meat, namely, dried meat, dried game, dried poultry, biltong, and meat-based snacks; Processed peanuts. FIRST USE: 20080903. FIRST USE IN COMMERCE: 20080903
Based on their plentiful existing marks, and the Booking.com decision, it’s very likely that these marks will be approved, as long as they can prove that Jerky.com has acquired a distinction among its generic class of jerky products.
But that’s not all!
The following generic domains were also filed as trademark applications at the USPTO, recently:
FETCH.COM
ETAX.COM
RATE.COM
RECRUITER.COM
TRANSLATIONS.COM
GIVE.COM
DRIPS.COM
PORN.COM
BUMPER.COM
Lastly, bad timing for the tradeamark application for DATING.COM in late April 2020:
The trademark was approved after the applicant disclaimed the domain name in April. They will most likely have to file an amendment or a new application!
