BOOKING.COM B.V. v. U.S. PATENT & TRADEMARK OFFICE

No. 17-2458, No. 17-2459.

915 F.3d 171 (2019)

BOOKING.COM B.V., Plaintiff-Appellee, v. The UNITED STATES PATENT AND TRADEMARK OFFICE; Andrei Iancu, in His Official Capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendants-Appellants. American Intellectual Property Law Association, Amicus Curiae. Booking.com B.V., Plaintiff-Appellant, v. The United States Patent and Trademark Office; Andrei Iancu, in His Official Capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendants-Appellees. American Intellectual Property Law Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2019.


Attorney(s) appearing for the Case

ARGUED: Tyce R. Walters , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants/Cross-Appellees. Jonathan Ellis Moskin , FOLEY & LARDNER LLP, New York, New York, for Appellee/Cross-Appellant. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, Nathan K. Kelley , Solicitor, Thomas W. Krause , Deputy Solicitor, Christina J. Hieber , Senior Counsel for Trademark Litigation, Mark R. Freeman , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Tracy Doherty-McCormick , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Mary Beth Walker , Associate Solicitor, Molly R. Silfen , Associate Solicitor, Office of the Solicitor, UNITED STATES PATENT & TRADEMARK OFFICE, Alexandria, Virginia; for Appellants/Cross-Appellees. Brian Kapatkin , Eoin Connolly , FOLEY & LARDNER LLP, Washington, D.C., for Appellee/Cross-Appellant. Myra H. McCormack , President, AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION, Arlington, Virginia; Theodore H. Davis, Jr. , Jennifer R. Findley , Alexandra N. Martinez , KILPATRICK TOWNSEND & STOCKTON LLP, Atlanta, Georgia, for Amicus Curiae.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge King concurred. Judge Wynn wrote a separate opinion concurring in part and dissenting in part.


The United States Patent and Trademark Office (the "USPTO") and Booking.com ("Booking.com") both appeal the district court's summary judgment ruling regarding the protectability of the proposed trademark BOOKING.COM.1 The USPTO appeals on the ground that the district court erred in concluding that...

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