Booking.com, B.V. has filed a complaint (here) in the U.S. District Court for the Eastern District of Virginia, seeking review, under Lanham Act Section 1071, of the TTAB’s decision [TTABlogged here] deeming the term BOOKING.COM to be generic for travel agency services.

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At paragraph 43 of the complaint, Booking.com states that “a recent survey (conducted after the TTAB decision) demonstrates that 75% of consumers recognize BOOKING.COM as a trademark, not a common name.” Since a Section 1071 review provides a trial de novo, this new evidence may have a significant effect on the outcome.