Weakness of "BNB" Brings Cancellation Denial: "COMPLETE BNB" Not Confusable with "AIRBNB"

Alan Tillman, appearing pro se, successfully warded off Airbnb's Section 2(d) attack on his registration for the mark COMPLETE BNB for, inter alia, "booking of temporary accommodation" [BNB disclaimed], finding confusion unlikely with the registered mark AIRBNB for "arranging temporary housing accommodations." The Board found the services to be identical and therefore presumably offered through the same trade channels to the same classes of customers. The Board also found that the AIRBNB mark falls on the "strong side of the distinctiveness spectrum" and is entitled to a broad scope of protection. Airbnb's survey results also favored a finding of likely confusion, but the Board found the term BNB to be highly descriptive of the common services, and the differences between the marks "too great for confusion to be likely." Airbnb, Inc. v. Alan Tillman, Cancellation No. 92083886 (September 30, 2025) [not precedential] (Opinion by Judge Elizabeth A. Dunn).

The Board downplayed the results of Airbnb's fame survey because its focus was too narrow: "the screening questions and suggested responses focus exclusively on online platforms, and make no mention of, for example, hotels, a source of temporary housing identified by Petitioner as its competition" Moreover, the survey results were uncorroborated by "supporting indicia of fame such as sales and advertising expenditures, the length and breadth of use, the extent of social media presence, or whether Petitioner has received unsolicited media attention." Nonetheless . . .

Based on the entirety of the record, we find that AIRBNB is on the strong side of the distinctiveness spectrum, and entitled to a broad scope of protection against confusingly similar marks. We find DuPont factor five favors a likelihood of confusion

In light of evidence from the Acronym Finder, dictionary definitions, and Respondent Tillman’s disclaimer of BNB, the Board found that "the relevant public . . . will perceive the term BNB as describing reservation services for temporary accommodations, which encompass bed-and-breakfast accommodations." The Board pooh-poohed the testimony of Airbnb's linguistic expert, who claimed that B and B and B&B are the "primary shorthand ways to refer to bed and breakfasts," while BNB largely refers to Airbnb's mark. It noted that the testimony of a single expert should not substitute for evidence of the perception of the consuming public.

The Board then found that the involved marks "have first and dominant terms which differ significantly in appearance, sound, and connotation, and, when combined with the highly descriptive term BNB applied to services involving the reservation of short term accommodations, including bed-and-breakfasts, create different commercial impressions."

Under the seventh DuPont factor, the Board considered Airbnb's likelihood of confusion survey results as circumstantial evidence akin to evidence of actual confusion. The results showed 63 participants out of 200 (31.5%) named AIRBNB as the company offering the COMPLETE BNB services for booking or making reservations for temporary lodging and accommodations. However, when asked to explain their responses, several participants indicated that the choice was not based on source confusion. Consequently, the Board characterized the stated survey results as "overstated."

In sum, while we would assess the results differently, and think generally that it is unclear whether participants were regarding BNB as a source indicator or the name of the services, the survey presents some indirect evidence of actual confusion. Thus, although the survey is not as persuasive as Petitioner touts it to be, it weighs in favor of a likelihood of confusion.

Balancing the relevant DuPont factors, the Board concluded that confusion is not likely, and so it denied the petition for cancellation.

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TTABlogger comment: What are that odds that Airbnb won't appeal this decision or seeks district court review?

Text Copyright John L. Welch 2025.