Booking.com B.V. v. US Patent & Trademark Office, No. 17-2458 (4th Cir. 2019)Annotate this Case
The Fourth Circuit affirmed the district court's summary judgment ruling regarding the protectability of the proposed trademark BOOKING.COM. The court held that the district court, in weighing the evidence before it, did not err in finding that the USPTO failed to satisfy its burden of proving that the relevant public understood BOOKING.COM, taken as a whole, to refer to general online hotel reservation services rather than Booking.com the company. Therefore, the district court did not err in finding that BOOKING.COM is a descriptive, rather than generic, mark. Furthermore, because USPTO did not challenge the district court's finding that BOOKING.COM has acquired secondary meaning where the mark is deemed descriptive, the court affirmed the district court's partial grant of summary judgment finding that BOOKING.COM is protectable as a trademark. Finally, the district court's grant of attorney fees was affirmed under Shammas v. Focarino, 784 F.3d 219, 225 (4th Cir. 2015), where an applicant that decides to challenge the USPTO's ruling in district court must pay all the expenses of the proceeding whether the final decision was in its favor or not.