BOOKING.COM Files Complaint for District Court Review of TTAB Genericness Ruling
Booking.com, B.V. has filed a complaint (here) in the U.S. District Court for the Eastern District of Virginia, seeking review, under Lanham Act Section 1071, of the TTAB's decision [TTABlogged here] deeming the term BOOKING.COM to be generic for travel agency services.
At paragraph 43 of the complaint, Booking.com states that "a recent survey (conducted after the TTAB decision) demonstrates that 75% of consumers recognize BOOKING.COM as a trademark, not a common name." Since a Section 1071 review provides a trial de novo, this new evidence may have a significant effect on the outcome.
Read comments and post your comment here.
TTABlog comment: If I knew a bookie, I would bet on a reversal.
Text Copyright John L. Welch 2016.
posted by John L. Welch @ 4/25/2016
2 comments
2 Comments:
Hotels.com decision rejected a similar survey and affirmed genericness.
That's what I was thinking - a reversal assumes that the EDVA will approve of the methodology of the claimed survey evidence. And Booking.com will have to pay the USPTO's fees for this win or lose, right?
Post a Comment
<< Home