Express Homebuyers USA, LLC v. WBH Marketing, Inc. et al

Filing 121

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 8/14/2018. (rban, )

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.
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