The U.S. Supreme Court made history Monday. The coronavirus lockdown forced the typically cautious court to hear arguments for the first time via telephone, …
The U. S. Supreme Court made history Monday. The coronavirus lockdown forced the typically cautious court to hear arguments for the first time via telephone, and to stream the arguments live for the public to hear.
Chief Justice John Roberts was at the court as the telephone session began, one or two other justices were in their offices at the court, and the rest of the justices dialed in from home.
The first and only case heard Monday involved an arcane trademark question only a lawyer could love. Online travel search engine Booking.com is appealing a U. S. Patent and Trademark Office refusal to grant a trademark to the company.
With the justices asking questions in order of seniority, the first big surprise was that Justice Clarence Thomas, who in the past has gone years without asking a question, did ask one, several in fact, when it came his turn.
«Could Booking acquire an 800 number… that’s a vanity number,1-800-BOOKING, for example?» Thomas asked Assistant Solicitor General Erica Ross.
Yes, replied Ross, but domain names pose a different problem than phone numbers. Ultimately, she argued «the core problem with Booking.com is that it allows [Booking.com] to monopolize booking on the internet» to the exclusion of other sites like hotelbooking.com.
Justice Stephen Breyer followed up when his turn came: «Same question as Justice Thomas … good morning, anyway… You can have a trademark that’s an address.
