B.V. v. Lee et al

Filing 110

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

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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 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. ยง 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").

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