Monday, April 25, 2016

BOOKING.COM Files Complaint for District Court Review of TTAB Genericness Ruling, 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, 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.


At 10:24 AM, Anonymous Anonymous said... decision rejected a similar survey and affirmed genericness.

At 3:10 PM, Anonymous Anonymous said...

That's what I was thinking - a reversal assumes that the EDVA will approve of the methodology of the claimed survey evidence. And will have to pay the USPTO's fees for this win or lose, right?


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