The USPTO, among others, suggested that allowing Booking.com to claim the trademark would harm other travel companies with the word “booking” in their domain names. Federal trademark law defines generic terms as those that don’t make a service or product distinct from other ones. It prevents companies from staking an exclusive claim to commonly used words such as “tailor” or “laundromat” in store names.

Booking.com claimed that people associate its brand with reservations and that denying its trademark application could lead to consumers becoming misled. In writing the Supreme Court’s majority opinion, Justice Ruth Bader Ginsburg sided with the company, suggesting that public perception of a name is the core issue. 

“[If] Booking.com were generic, we might expect consumers to understand Travelocity — another such service — to be a Booking.com,” Ginsburg wrote. “We might similarly expect that a consumer, searching for a trusted source of online hotel-reservation services, could ask a frequent traveler to name her favorite Booking.com provider.”

“Because Booking.com is not a generic name to consumers, it is not generic,” Ginsburg determined. The court ruled 8-1 in favor of Booking.com, with Justice Stephen Breyer dissenting. The decision paves the way for other companies with generic terms in their domain names to trademark them.

The case was the first one for which the court used a teleconference system for oral arguments, with justices working remotely due to COVID-19 prevention measures. Those arguments were also the court’s first to be livestreamed.

The US Patent and Trademark Office filed a “termination decision document” on its database this week that explains why it ruled in Nintendo’s favor. The biggest factors seem to be Gamevice’s use of a flexible bridge to connect the pair of controllers, plus the fact that each controller has to be fitted to a tablet or smartphone. These facets are in contrast to the Switch’s wireless connectivity and its lock-on technology.

It’s not surprising that Nintendo won this lawsuit. The technology of the Switch and Gamevice’s controllers may bear a passing resemblance to one another, but at their core, they’re completely different. But to be fair, the concepts shared between the two companies are close enough that it’s clear that Gamevice wasn’t simply acting as a patent troll.