HomeAway, Inc. et al v. Airbnb, Inc.

Filing 1

COMPLAINT and Request for Preliminary and Permanent Injunctive Relief ( Filing fee $ 400 receipt number 0542-6116104), filed by HomeAway, Inc., HomeAway.com, Inc.. (Attachments: # 1 Declaration of Carl Shepherd, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Civil Cover Sheet)(Simons, Michael)

EXHIBIT 12

12/18/13

Trademark Electronic Search System (TESS)

United States Patent and Trademark Office
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Goods and
Services

Mark
Drawing
Code

IC 042. US 100 101. G & S: Computer services for providing a real estate search platform configured to
allow users to request and receive content from a website; Application Service Provider (ASP) featuring
software in the field of rentals and sales related to real estate; ASP featuring software for use by real
estate and travel based companies to advertise specials, make reservations, offer coupons, specials,
discounts, and directions and for use in interactive customer services related to the rental or purchase of
real estate; Providing information services in the field of ASP featuring software for real estate rental or
sales; ASP featuring software for use by companies and individuals to advertise specials, make
reservations, offer coupons, offer specials, offer discounts, sell real estate, provide directions, and for
use in accessing interactive customer services of others; Design and development of visualization
technologies for advertisement of real-estate and business of others; Application service provider,
namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web
sites, of others in the fields of advertising and marketing; Computer service, namely, acting as an
application service provider in the field of knowledge management to host computer application software
for creating searchable databases of information and data; Computer service, namely, acting as an
application service provider in the field of knowledge management to host computer application software
for searching and retrieving information from databases and computer networks; Computer services in
the nature of customized web pages featuring user-defined information and personal profiles. Computer
services, namely, providing search engines for obtaining data on a global computer network; Providing a
website that gives users the ability to create customized web pages featuring user-defined information.
FIRST USE: 20060712. FIRST USE IN COMMERCE: 20060712
(2) DESIGN ONLY

Design
03.17.06 - Bird cages; Bird feeders; Bird houses; Cages/pens, bird; Feeders (bird)
Search Code
Serial
Number

85262842

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12/18/13

Trademark Electronic Search System (TESS)

Filing Date

March 9, 2011

Current
Basis

1A

Original
1A
Filing Basis
Published
for
Opposition

October 25, 2011

Registration
4082611
Number
International
Registration 1107622
Number
Registration
January 10, 2012
Date
Owner
Attorney of
Record

(REGISTRANT) HomeAway.com, Inc. CORPORATION DELAWARE Suite 300 1011 W. Fifth St. Austin
TEXAS 78703
Nicole H. Chiu

Prior
3385395;3596173;3596175
Registrations
Description
of Mark

Color is not claimed as a feature of the mark. The mark consists of black and white birdhouse.

Type of Mark SERVICE MARK
Register

PRINCIPAL

Live/Dead
Indicator

LIVE

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