關鍵詞：通用詞彙、藍能法、網域名稱、主要意義測試法 ;Disputes between trademarks and domain names often arise at the level of domain name registration. Recognizing that regulations addressing such disputes already exist both domestically and internationally, this article focuses on another aspect, namely the registration of trademarks combined with generic terms and generic top-level domains (gTLDs). In the United States, there have been numerous controversies surrounding the determination of trademarks as generic or descriptive and the types of evidence that should be considered for validation. The majority opinion of courts and administrative agencies holds that the combination of generic terms and top-level domains lacking trademark significance naturally cannot obtain trademark protection. Moreover, such trademark combinations raise concerns about anti-competitive practices. Based on these two reasons, trademarks of this nature are unable to be registered. Until 2020, the U.S. Supreme Court heard the case of the trademark registration for BOOKING.COM. The court held that if the combination of a generic term and a top-level domain name primarily conveys to relevant consumers that it is a specific brand, it may be eligible for trademark protection as an exception. The emergence of this ruling has once again sparked a debate on whether such trademark types can obtain trademark registration. This article will discuss the methods of determining the nature of trademarks and the specific details to consider when applying the primary significance test, as well as compare and analyze them with similar past cases. Regarding the controversy over whether the protection of such terms as trademarks affects competition, this article will address the key considerations in the examination of trademark confusion and analyzing the likelihood of success for trademark holders in bringing claims of confusion. Furthermore, using a series of lawsuits initiated by TutorABC as an example, it will compare how such trademarks are determined in both our country and US courts.
