Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al, No. 1:2017cv00736 - Document 121 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 8/14/2018. (rban, )
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Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al Doc. 121 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division EXPRESS HOMEBUYERS USA,LLC, Plaintiff, Case No. l:17-cv-736 V. WBH MARKETING INC., Defendant. MEMORANDUM OPINION Plaintiff,a Virginia limited liability company engaged in the business ofbuying and selling houses, brings this action against defendant, a Texas corporation engaged in the same business, seeking cancellation of defendant's two trademarks,"We Buy Houses" and "Webuyhouses.com" ("the Marks"), on the grounds that both marks are generic and undeserving of trademark protection. In response, defendant has counter-claimed that plaintiff has infringed on the Marks and falsely designated the origin of plaintiffs services. Both parties have moved for summary judgment on plaintiffs claim and defendant's counterclaims. This memorandum opinion addresses whether the Marks are generic, and therefore ineligible for trademark protection.^ Because there are no disputed issues ofmaterial fact with respect to this question, plaintiffs motion for summary judgment must be granted in part and defendant's cross-motion for summary judgment must be denied in part. 'The parties' cross-motions for summary judgment and plaintiffs pending motion to dismiss address defendant's remaining counterclaims, which do not implicate the question whether the Marks are generic. Those will be addressed and resolved by a separate order. 1 Dockets.Justia.com
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