Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1170139
`11/03/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Airbnb, Inc.
`
`11/03/2021
`
`888 BRANNAN STREET
`SAN FRANCISCO, CA 94103
`UNITED STATES
`
`CHRISTOPHER T. VARAS
`KILPATRICK TOWNSEND & STOCKTON LLP
`1420 FIFTH AVENUE, SUITE 3700
`SEATTLE, WA 98101
`UNITED STATES
`Primary Email: CVaras@kilpatricktownsend.com
`Secondary Email(s): jewilson@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com, EDebow@kilpatricktownsend.com
`206-516-3088
`
`Docket Number
`
`1263047
`
`Applicant Information
`
`Application No.
`
`90321864
`
`Publication date
`
`07/06/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`11/03/2021
`
`Opposition Peri-
`od Ends
`
`11/03/2021
`
`At Home BNB LLC
`7010 MACCORKLE AVENUE, SW
`ST. ALBANS, WV 25177
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Advertising; business management; busi-
`ness administration; providing office functions; price comparison services in relation to prices for
`short and mid term rentals of homes, flats, apartments, peerto peer renatals, hostels, and bed and
`breakfast accommodations; price comparison services in relation to prices for vacation rentals of
`homes, flats, apartments, peer to peer renatals, hostels, and bed and breakfast accommodations;
`price comparison services in relation to prices for peer to peer short and mid term rentals of homes,
`flats, apartments, hostels, and bed and breakfast accommodations; compilation of business director-
`ies; provision of on-line business directoriesfeaturing restaurants, bars, entertainment establish-
`ments, recreational facilities, fitness centers, transportation, and parks; data processing services; up-
`dating and maintenance of data in computer databases; compilation and systematization of data in
`computer databases; compilation of statistics for business purposes; business administration ser-
`
`

`

`vices for the processing of sales made on the internet; business research; providing commercial in-
`formation in the field of business management; public relations; marketing research; conducting mar-
`keting studies and public opinion polling; customer loyalty services for promotional and/or advertising
`purposes; customer loyalty and reward programs for commercial sales promotion and advertising
`purposes; dissemination and distribution of advertisingmaterial in the field of advertising for rental
`homes, flats, apartments, peer to peer renatals, hostels, and bed and breakfast accommodations;
`dissemination of advertising material for third partiesvia the internet; web site optimizationfor rentals
`of temporary accommodations; retail store services of soft and hardhousehold goods
`
`Class 036. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Vacation and other temporary accommoda-
`tion real estate listing services and providing such services via a global computer network; real estate
`listing services, namely, providing an interactive website and online database of rental properties,
`rental information, rental propertydescriptions and images, rental locations and amenities, availability
`and ratesfor vacation rental homes, condominiums, cabins, villa, apartments, time-shares, flats,
`apartments, peer to peer renatals, hostels, and bed and breakfast accommodations; real estate ser-
`vices, namely,arranging of rental agreements for realestate for others through a website
`
`Class 039. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing a website featuring travel inform-
`ation and commentary; providing an online searchable computer database featuring information on
`travel; travel guideand travel information services; providing links to the web sites of others featuring
`transportation, transport for excursions, travel tours in the nature of transport services, and travel
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing temporary accommodation ser-
`vices, namely, agency services for the reservation of temporary accommodation; providing bookings
`and reservation for temporary lodging and accommodations, namely, short and mid term rentals, va-
`cation rentals, peer to peer rentals, homes, flats, apartments, hostels, and bed and breakfast accom-
`modations via the internet, telephone, facsimile, instant messaging,and text messaging; consultation
`services in the field of temporary lodging andaccommodations, namely, booking short and mid term
`rentals, vacation rentals, peer to peer rentals, homes, flats, apartments, hostels, and bed and break-
`fast accommodations; providing information via computer networks and global communication net-
`works in the field of temporary accommodations, namely, short term rentals, vacation rentals, peer to
`peer rentals, homes, flats, apartments, hostels, andbed and breakfast accommodations; providing
`on-line reviews of temporary accommodations; consultation in the field of the rental of private homes
`as temporary accommodations for vacation temporary lodging; booking systems for rentals and the
`alternative accommodation market in general, namely, providing online reservations and bookings for
`temporary accommodations; providing a website for making reservations and booking, namely, a
`website where users can post and receive requests to rent short term houses, condos,apartments,
`time-shares, homes, flats, apartments, hostels, and bed and breakfast accommodations; reservation
`of temporary accommodations, namely, providing a website for the arrangement and booking of va-
`cation, short term and peer to peerrental accommodations; travel agency services, namely, making
`reservations and bookings for temporary lodging in the nature of short and mid term rentals, vacation
`rentals, peer to peer rentals, homes, flats, apartments, hostels, and bed and breakfast accommoda-
`tions
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3890025
`
`Registration Date
`
`12/14/2010
`
`Word Mark
`
`AIRBNB
`
`Application Date
`
`04/27/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing online business directories featuring temporary lodging
`
`U.S. Registration
`No.
`
`3890027
`
`Registration Date
`
`12/14/2010
`
`Word Mark
`
`Design Mark
`
`AIRBNB
`
`Application Date
`
`04/27/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 043. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Arranging temporary housing accommodations; Providing online reservation ser-
`vices for temporary lodging; Travel agency services, namely, [ making reserva-
`tions and bookings for transportation ] and lodging; Providing temporary lodging
`information via the Internet
`
`U.S. Registration
`No.
`
`3971784
`
`Registration Date
`
`05/31/2011
`
`Word Mark
`
`AIRBNB
`
`Application Date
`
`04/26/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`computer services in the nature of customized web pages featuring user-defined
`information, personal profiles and information
`
`U.S. Registration
`No.
`
`4289397
`
`Registration Date
`
`02/12/2013
`
`Word Mark
`
`Design Mark
`
`AIRBNB
`
`Application Date
`
`04/27/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing an online interactive websitefeaturing the listing and rental of tempor-
`ary lodging; Providing online computer database and online searchable data-
`bases featuring information, listings and announcements about housing, apart-
`ments, condominiums, townhouses, real estate, commercial real estate and
`rental and leasing advertisements for the foregoing; Real estate listing, rental
`and leasing services for residential housing, apartments, rooms in homes, sub-
`lets, vacation homes, cabins and villas and office spacein commercial properties
`on a global computer network; Providing reviews and feedback about listers and
`renters of realestate
`Class 042. First use: First Use: 2012/04/30 First Use In Commerce: 2012/04/30
`Computer services, namely, creating an on-line community for registered users
`to participate in discussions, get feedback from their peers, form virtual com-
`munities, and engage in social networking featuring the rental and listing of real
`estate
`Class 045. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`On-line social networking services
`
`U.S. Registration
`
`4329542
`
`Application Date
`
`04/26/2010
`
`

`

`No.
`
`Registration Date
`
`04/30/2013
`
`Word Mark
`
`Design Mark
`
`AIRBNB
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 039. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Online trip and travel recommendations and reservation services; Providing
`travel information over global computer networks, namely, providing search ser-
`vices for travel listings, travel information and related topics and for making re-
`servations and bookings for transportation; Providing reviews and recommenda-
`tions oflocal attractions via a global computernetwork
`Class 043. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing travel information over global computer networks, namely, providing
`search services for travel listings, travel information and related topics and for
`making reservations and bookings for lodging
`
`U.S. Registration
`No.
`
`4385613
`
`Registration Date
`
`08/13/2013
`
`Word Mark
`
`Design Mark
`
`AIRBNB
`
`Application Date
`
`04/26/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing an online interactive websiteobtaining users comments concerning
`business organizations, service providers, and travel and social activities;
`Providing information, namely, compilations, rankings, ratings, reviews, referrals
`andrecommendations relating to business organizations, service providers, and
`travel and social activities using a global computer network; Advertising and pro-
`motion services and related consulting; dissemination of advertising for others
`viaa global communications network; onlineadvertising services for others,
`
`

`

`namely, providing advertising space on internet web sites; Providing a search-
`able online advertising guide featuring the goodsand services of online vendors;
`providing a searchable online evaluation database for buyers and sellers; pro-
`moting thegoods and services of others; advertising and advertisement services;
`advertising and information distribution services, namely, providing classified ad-
`vertising space via the global computer network; providing consumer product
`and serviceinformation via the Internet; providingan online business information
`directory on the Internet; providing on-line computer databases and on-line
`searchable databases featuring classified listings; computer services, namely,
`providing on-line computer databases and on-line searchable databases featur-
`ing consumer information on a wide variety of topics of general interest to the
`consuming public
`
`U.S. Registration
`No.
`
`4884815
`
`Registration Date
`
`01/12/2016
`
`Word Mark
`
`Design Mark
`
`AIRBNB
`
`Application Date
`
`05/01/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Vacation real estate listing services and providing such services via a global
`computer network; Real estate listing services, namely, providing an interact-
`ivewebsite and online database of rental properties, rental information, rental
`property descriptions and images, rental locations and amenities, availability an-
`drates for vacation rental homes, condominiums, cabins, villa, apartments, and
`time-shares; Real estate services, namely, arranging of rental agreements for
`real estate for others by through a websitewhere users can post and receive re-
`quests to rent short-term houses, condos, apartments, and time-shares
`Class 039. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing a website for the arrangementand booking of travel tours and excur-
`sions; Providing a website featuring travel information and commentary; Provid-
`ing an online searchable computer database featuring information on travel;
`Providing reviews of travel service providers; Travel guide and travel information
`services; Travel agency services, namely, making reservations and bookings for
`transportation, excursions, travel tours and travel; Providing links to the web
`sites of others featuring transportation, excursions, travel tours and travel
`Class 043. First use: First Use: 2009/03/04 First Use In Commerce: 2009/03/04
`Providing online reservation, booking and search services for temporary lodging,
`temporary accommodations and temporaryvacation rentals; Providing an online
`interactive website featuring temporary lodging, temporary accommodations,
`temporary vacation rentals and temporary rental listings; Providing a website
`featuring information in the field of temporary lodging, temporary accommoda-
`tions and temporary vacation rentals; Travel agency services, namely, making
`reservations and bookings for temporary lodging, temporary accommodations
`
`

`

`and temporary vacation rentals; Providing rental information for temporary
`lodging, temporary accommodations and temporary vacation rentals, namely,
`property descriptions and images, reviews, locations and amenities, availability
`and rates for temporary lodging, temporary accommodations and temporaryva-
`cation rentals
`
`Attachments
`
`85024748#TMSN.png( bytes )
`85024754#TMSN.png( bytes )
`85023221#TMSN.png( bytes )
`85024752#TMSN.png( bytes )
`85978734#TMSN.png( bytes )
`85979407#TMSN.png( bytes )
`86617550#TMSN.png( bytes )
`2021-11-03 NOO to HOME BNB.pdf(123510 bytes )
`2021-11-03 Ex A.pdf(552241 bytes )
`2021-11-03 Ex B.pdf(636631 bytes )
`2021-11-03 Ex C.pdf(166194 bytes )
`2021-11-03 Ex D.pdf(259303 bytes )
`2021-11-03 Ex E.pdf(226526 bytes )
`2021-11-03 Ex F.pdf(238912 bytes )
`2021-11-03 Ex G.pdf(239622 bytes )
`
`Signature
`
`/Christopher T. Varas/
`
`Name
`
`Date
`
`CHRISTOPHER T. VARAS
`
`11/03/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`AIRBNB, INC.,
`
`
`v.
`
`AT HOME BNB LLC DBA @HOME BNB
`LLC,
`
`
`Opposer,
`
`
`Applicant.
`
`
`
`
`
`
`
`
`Opposition No. ___________
`
`TM: @HOME BNB
`(App. Ser. No. 90/321864)
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Airbnb, Inc. (“Opposer” or “Airbnb”), a Delaware corporation with an address of 888
`
`Brannan Street, San Francisco, California 94103, believes that it will be damaged by the
`
`registration of the @HOME BNB (the “@HOME BNB Mark”) underlying the application Serial
`
`No. 90/321864 (the “Application”). Airbnb has attempted to resolve its concerns with respect to
`
`the Application and use of Applicant’s junior mark directly with Applicant to no avail.
`
`Therefore, Airbnb hereby opposes the Application.
`
`1.
`
`Airbnb is a San Francisco based company founded in 2008, which provides
`
`consumers with an online marketplace to list, view, and book accommodations and experiences
`
`around the world through its people-powered hospitality service, which is offered via its
`
`website www.airbnb.com and through its popular mobile application.
`
`2.
`
`The fanciful term AIRBNB has no ordinary English language meaning.
`
`//
`
`//
`
`//
`
`//
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`1
`
`

`

`3.
`
`Airbnb is the owner of numerous U.S. registrations and pending applications for
`
`AIRBNB, including, but not limited to the registrations shown in the table below.
`
`Goods and Services
`
`Class 35: Providing online business directories featuring temporary lodging
`
`Class 43: Arranging temporary housing accommodations; Providing online
`reservation services for temporary lodging; Travel agency services, namely,
`making reservations and bookings for transportation and lodging; Providing
`temporary lodging information via the Internet
`
`Class 42: Computer services in the nature of customized web pages featuring
`user-defined information, personal profiles and information
`
`Mark & Filing
`Information
`AIRBNB
`Reg. No. 3,890,025
`Priority Date: March 4,
`2009
`Registered: December
`14, 2010
`AIRBNB
`Reg. No. 3,890,027
`Priority Date: March 4,
`2009
`Registered: December
`14, 2010
`AIRBNB
`Reg. No. 3,971,784
`Priority Date: March 4,
`2009
`Registered: May 31,
`2011
`AIRBNB
`Reg. No. 4,289,397
`Priority Date: March 4,
`2009
`Registered: February
`12, 2013
`
`AIRBNB
`Reg. No. 4,329,542
`Priority Date: March 4,
`2009
`Registered: April 30,
`2013
`
`Class 36: Providing an online interactive website featuring the listing and rental
`of temporary lodging; Providing online computer database and online searchable
`databases featuring information, listings and announcements about housing,
`apartments, condominiums, townhouses, real estate, commercial real estate and
`rental and leasing advertisements for the foregoing; Real estate listing, rental and
`leasing services for residential housing, apartments, rooms in homes, sublets,
`vacation homes, cabins and villas and office space in commercial properties on a
`global computer network; Providing reviews and feedback about listers and
`renters of real estate
`
`Class 42: Computer services, namely, creating an on-line community for
`registered users to participate in discussions, get feedback from their peers, form
`virtual communities, and engage in social networking featuring the rental and
`listing of real estate
`
`Class 45: On-line social networking services
`Class 39: Online trip and travel recommendations and reservation services;
`Providing travel information over global computer networks, namely, providing
`search services for travel listings, travel information and related topics and for
`making reservations and bookings for transportation; Providing reviews and
`recommendations of local attractions via a global computer network
`
`Class 43: Providing travel information over global computer networks, namely,
`providing search services for travel listings, travel information and related topics
`and for making reservations and bookings for lodging
`Class 35: Providing an online interactive website obtaining users comments
`concerning business organizations, service providers, and travel and social
`activities; Providing information, namely, compilations, rankings, ratings,
`
`
`
`2
`
`AIRBNB
`Reg. No. 4,385,613
`Priority Date: March 4,
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`

`

`Mark & Filing
`Information
`2009
`Registered: Aug. 13,
`2013
`
`AIRBNB
`Reg. No. 4,884,815
`Priority Date: March 4,
`2029.
`Registered: Jan. 12,
`2016
`
`
`
`
`Goods and Services
`
`reviews, referrals and recommendations relating to business organizations, service
`providers, and travel and social activities using a global computer network;
`Advertising and promotion services and related consulting; dissemination of
`advertising for others via a global communications network; online advertising
`services for others, namely, providing advertising space on internet web sites;
`Providing a searchable online advertising guide featuring the goods and services
`of online vendors; providing a searchable online evaluation database for buyers
`and sellers; promoting the goods and services of others; advertising and
`advertisement services; advertising and information distribution services, namely,
`providing classified advertising space via the global computer network; providing
`consumer product and service information via the Internet; providing an online
`business information directory on the Internet; providing on-line computer
`databases and on-line searchable databases featuring classified listings; computer
`services, namely, providing on-line computer databases and on-line searchable
`databases featuring consumer information on a wide variety of topics of general
`interest to the consuming public
`Class 36: Vacation real estate listing services and providing such services via a
`global computer network; Real estate listing services, namely, providing an
`interactive website and online database of rental properties, rental information,
`rental property descriptions and images, rental locations and amenities,
`availability and rates for vacation rental homes, condominiums, cabins, villa,
`apartments, and time-shares; Real estate services, namely, arranging of rental
`agreements for real estate for others by through a website where users can post
`and receive requests to rent short-term houses, condos, apartments, and time-
`shares
`
`Class 39: Providing a website for the arrangement and booking of travel tours and
`excursions; Providing a website featuring travel information and commentary;
`Providing an online searchable computer database featuring information on travel;
`Providing reviews of travel service providers; Travel guide and travel information
`services; Travel agency services, namely, making reservations and bookings for
`transportation, excursions, travel tours and travel; Providing links to the web sites
`of others featuring transportation, excursions, travel tours and travel
`
`Class 43: Providing online reservation, booking and search services for temporary
`lodging, temporary accommodations and temporary vacation rentals; Providing an
`online interactive website featuring temporary lodging, temporary
`accommodations, temporary vacation rentals and temporary rental listings;
`Providing a website featuring information in the field of temporary lodging,
`temporary accommodations and temporary vacation rentals; Travel agency
`services, namely, making reservations and bookings for temporary lodging,
`temporary accommodations and temporary vacation rentals; Providing rental
`information for temporary lodging, temporary accommodations and temporary
`vacation rentals, namely, property descriptions and images, reviews, locations and
`amenities, availability and rates for temporary lodging, temporary
`accommodations and temporary vacation rentals
`
`
`Printouts of the status and registrations specified above are attached as Exhibit A to G. These
`
`registrations, all of which are incontestable, collectively along with Opposer’s common-law
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`3
`
`

`

`rights in AIRBNB, are referred to as “Airbnb’s Marks.” The goods and services specified above
`
`and which Opposer offers in interstate commerce under Airbnb’s Marks are referred to as
`
`“Opposer’s Goods and Services.”
`
`4.
`
`Airbnb’s Marks are inherently distinctive as applied to Opposer’s Goods and
`
`Services, which comprise an online marketplace as described throughout this Notice.
`
`5.
`
`Airbnb is known worldwide for its revolutionary approach to people-powered
`
`travel and hospitality. The Airbnb platform is a trusted community marketplace for people to list,
`
`discover, and book unique accommodations and experiences around the world either online or
`
`from a mobile device.
`
`6.
`
`Airbnb uses the power of the Internet to provide a platform for the creation of
`
`virtual communities in which users can connect with each other and with unique properties,
`
`geographic locations, and experiences throughout the world.
`
`7.
`
`The Airbnb platform allows registered users to search for and read reviews and
`
`feedback for a variety of travel-related services including but not limited to accommodations as
`
`well as travel experiences and adventures designed and led by local hosts.
`
`8.
`
`By providing a direct connection between individuals in the real-world through
`
`unique accommodations and experiences, Airbnb is a link to adventure, opportunity, and global
`
`citizenship forged through travel.
`
`9.
`
`Additionally, the Airbnb platform includes Experiences in cities worldwide,
`
`including in the United States. Experiences hosts offer insight on their social life, their interests,
`
`and work and provide access to events, excursions, and activities.
`
`10.
`
` Additionally, Airbnb Adventures offers multi-day experiences hosted by local
`
`experts that take groups to locations throughout the globe and immerse them in unique cultures
`
`and communities.
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`4
`
`

`

`11.
`
`Airbnb has received extensive media attention and has been endorsed by
`
`numerous celebrities.
`
`12.
`
`13.
`
`In addition, Airbnb has received numerous high profile awards and accolades.
`
`Products and services offered and rendered under Airbnb’s Marks have been the
`
`subject of substantial unsolicited media coverage.
`
`14.
`
`As a result of Airbnb’s tremendous success in the marketplace, its extensive
`
`promotion of its brand and the substantial publicity generated through unsolicited media
`
`coverage and celebrity endorsements, the AIRBNB mark had become widely recognized by the
`
`general consuming public of the United States as a designation of source of Airbnb’s services
`
`before Applicant applied to register or began using Applicant’s Mark.
`
`15.
`
`Applicant claims to be a West Virginia limited liability company, At Home BNB
`
`LLC, DBA @HOME BNB LLC, with a principal place of business listed as 7010 MacCorkle
`
`Avenue, SW, St. Albans, West Virginia United States 25177.
`
`16.
`
`Applicant filed its Application on November 16, 2020. All of Airbnb’s Marks
`
`were filed and registered before November 16, 2020.
`
`17.
`
`18.
`
`19.
`
`Airbnb’s Marks predate and are senior to the Application date.
`
`Airbnb’s Marks are first in time, and there are no issues as to priority or seniority.
`
`Applicant’s @HOME BNB Mark is similar to Airbnb’s Marks in overall
`
`commercial impression, connotation, and sound.
`
`20.
`
`Applicant’s marks incorporate the entirety of the distinctive “BNB” portion of
`
`AIRBNB with the addition of the symbol “@” normally read aloud as generic or descriptive term
`
`“at” and the descriptive term “HOME” and uses the @HOME BNB Mark in connection with
`
`services that are identical, closely related and/or complementary to Opposer’s Goods and
`
`Services.
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`5
`
`

`

`21.
`
`On information and belief, Applicant was familiar with Airbnb’s Marks prior to
`
`selection of Applicant’s Mark.
`
`22.
`
`23.
`
`The Application contains no restrictions on trade channels.
`
`On information and belief, the services recited in the Application on the one hand,
`
`and Opposer’s Goods and Services on the other, are intended to be marketed or will be marketed
`
`to overlapping classes of consumers and potential consumers and through overlapping or related
`
`channels of trade.
`
`24.
`
`Consumers familiar with Airbnb’s Marks are likely to assume – incorrectly – that
`
`Applicant’s services offered under the @HOME BNB Mark originate from Airbnb or that
`
`Airbnb has licensed, endorsed or authorized Applicant.
`
`25.
`
`Consumers familiar with Airbnb’s Marks are likely to associate Applicant’s
`
`@HOME BNB mark and the services offered thereunder with the famous AIRBNB mark.
`
`26.
`
`Applicant’s use and registration of the @HOME BNB Mark in connection with
`
`the services identified in the Application are likely to cause consumers to become confused,
`
`mistaken, or deceived and to falsely suggest a connection with Airbnb and/or Airbnb’s Marks,
`
`within the meaning of 15 U.S.C. § 1052(d).
`
`27.
`
`Applicant’s use and registration of Applicant’s @HOME BNB Mark is likely to
`
`dilute the distinctiveness of Airbnb’s Marks within the meaning of 15 U.S.C. § 1125(c).
`
`28.
`
`By reason of the foregoing, Airbnb will be damaged by the registration of
`
`Applicant’s Mark and in view of Airbnb’s prior rights in Airbnb’s Marks, Applicant is not
`
`entitled to registration of the applied-for mark pursuant to the Trademark Act.
`
`29.
`
`The Application was published for purposes of opposition in the Official Gazette
`
`on July 6, 2021. Airbnb filed a request for, and received, an extension of time to oppose,
`
`extending Airbnb’s deadline to oppose to November 3, 2021. The filing of this Notice of
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`6
`
`

`

`Opposition is therefore timely.
`
`30.
`
`The required fee accompanies this notice. The Commissioner is authorized to
`
`debit Kilpatrick Townsend & Stockton LLP’s deposit account no. 20-1430 if there is a
`
`deficiency in the required fee.
`
`Opposer therefore requests the Board to refuse registration to application Serial No.
`
`90/321864 and sustain this Opposition in Opposer’s favor.
`
`
`Dated: November 3, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`By:
`
`
`
`
`
`/Christopher T. Varas/
`Christopher T. Varas
`Emily A. DeBow
`Kilpatrick Townsend & Stockton LLP
`1420 Fifth Avenue, Suite 3700
`Seattle, WA 98101
`Phone: 206-516-3088
`Facsimile: 206-623-6793
`cvaras@kilpatricktownsend.com
`chawthorne@kilpatricktownsend.com
`
`Attorneys for Opposer Airbnb, Inc.
`
`NOTICE OF OPPOSITION OF APP. NO. 90/321864
`Airbnb, Inc. v. At Home BNB LLC DBA @Home BNB LLC
`
`
`
`
`
`7
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`Generated on: This page was generated by TSDR on 2021-11-03 15:59:55 EDT
`
`Mark: AIRBNB
`
`US Serial Number: 85024748
`
`US Registration
`Number:
`
`3890025
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Status: The registration has been renewed.
`
`Status Date: Sep. 09, 2020
`
`Publication Date: Sep. 28, 2010
`
` 
`
`Application Filing
`Date:
`
`Apr. 27, 2010
`
`Registration Date: Dec. 14, 2010
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Mark Information
`
`Mark Literal
`Elements:
`
`AIRBNB
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Providing online business directories featuring temporary lodging
`
`International
`Class(es):
`
`035 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 100, 101, 102
`
`First Use: Mar. 04, 2009
`
`Use in Commerce: Mar. 04, 2009
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: AIRBNB, INC.
`
`Owner Address: 888 Brannan Street 4th Floor
`
`

`

`San Francisco, CALIFORNIA UNITED STATES 94103
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Attorney Name: Melissa B. Capotosto
`
`Docket Number: 0119937
`
`Attorney Primary
`Email Address:
`
`tmadmin@kilpatricktownsend.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Attorney of Record
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Melissa B. Capotosto
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`MAILSTOP: IP DOCKETING-22
`Atlanta, GEORGIA UNITED STATES 30309
`
`Phone: 404-815-6500
`
`Fax: 404-815-6555
`
`Correspondent e-
`mail:
`
`tmadmin@kilpatricktownsend.com mcapotosto@k
`ilpatricktownsend.com CVaras@kilpatricktownsen
`d.com mmartinenko@kilpatricktownsend.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`May 05, 2021
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Dec. 02, 2020
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Oct. 01, 2020
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Oct. 01, 2020
`
`ATTORNEY/DOM.REP.REVOKED AND/