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ARTICLE · 06 MARCH 2019

Fourth Circuit Affirms E.D. Va: BOOKING.COM Is Not Generic, USPTO Gets Attorneys' Fees

Wolf Greenfield & Sacks
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This guest post was authored by John L. Strand, Trademark and Litigation Shareholder at Wolf Greenfield.

United StatesIntellectual Property
John L. Welch
John L. Welch
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[This guest post was authored by John L. Strand, Trademark and Litigation Shareholder at Wolf Greenfield.] We've followed on this blog the juridical journey of Booking.com and that company's attempts to register the mark BOOKING.COM for travel reservation related services, starting with the TTAB, then on a Section 1071 appeal of the decision before the U.S. District Court for the Eastern District of Virginia, and the E.D. Virginia's decision to order Booking.com to pay the USPTO's expenses. Now the U.S. Court of Appeals for the Fourth Circuit has affirmed the E.D. Virginia's decision, though Judge Wynn wrote a separate opinion concurring in part and dissenting in part. Booking.com B.V., v. USPTO, App. No. 17-2458 (Feb. 4, 2019).

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