Booking.com B.V. v. Lee et al

Filing 110

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 10/26/17. (gwalk, )

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA
Alexandria Division

BOOKING.COM B.V.,

Plaintiff,

l:16-cv-425 (LMB/IDD)

V.

JOSEPH MATAL,

Performing the Function and Duties of the
Under Secretary of Commerce for
Intellectual Property and Director of
the United States Patent and

Trademark Office, ^ al.
Defendants.

MEMORANDUM OPINION

This case involves plaintiffBooking.com B.V.'s ("Booking" or "plaintiff) appeals of the
United States Patent and Trademark Office's ("USPTO" or "defendants") refusal to register four

marks consisting ofor containing the term BOOKING.COM,' which were affirmed by the
Trademark Trial and Appeal Board ("TTAB") in three separate opinions. S^ Mem. Op. at 4-5
[Dkt. No. 87]. The parties submitted the issues on cross motions for summary judgment, which

were partiallygranted in plaintiffs favor by an order directing the USPTO to register plaintiffs
marks in the '998 and '097 Applications, and remanding the '365 and '366 Applications for

further administrative proceedings consistent with the Memorandum Opinion [Dkt. No. 88]. That
decision is at issue in defendants' Motionto Amend Judgment [Dkt. No. 94] and defendants'
Motion for Expenses Pursuant to 15 U.S.C. § 1071(b)(3) [Dkt. No. 98] which are before the

' The four trademark applications atissue were Serial No. 85485097 (the "'097 Application");
Serial No. 79114998 (the "'998 Application"); Serial No. 79122365 (the "'365 Application");
and Serial No. 79122366 (the "'366 Application").