In Re Steelbuilding.com

Steelbuilding.com provides sophisticated design services, which were far beyond a typical online-cataloge, through thier website for the manufacture and sale of metal buildings. The TTAB found that the mark was generic, or at least highly descriptive, and refused to register the name. On appeal, the CAFC reversed in part, finding that the compound phrase "STEELBUILDING.COM" was not used to describe the type of services offered at Appellant's website. In this "unusual" case, the CAFC found that the addition of the Top Level Domain (TLD) was not merely generic. However, the CAFC did find that the term was descriptive and that the Appellant failed to show sufficient evidence of secondary meaning.
The dissent agreed with the reasoning of the majority. The dissent went further to say that the TTAB erred when they refused to consider evidence presented by the Appelant, including, on-line advertising click through rates, traffic statistics from the website, evidence of their success in the marketplace, etc.
Listen to the CAFC's published opinion.
[MP3]