Airbnb Inc. has filed an opposition to the registration of a trademark proposed by At Home BNB LLC doing business as @Home BNB LLC, for use with services closely mirroring those offered by Airbnb. Wednesday’s Trademark Trial and Appeal Board (TTAB) filing asserts that the proposed @HOME BNB mark will dilute and damage the opposer’s brand by causing confusion with its own registered AIRBNB marks.
The 130-page filing explains that Airbnb is San Francisco, California-based company that provides consumers with an online marketplace to list, view, and find accommodations and experiences around the globe through its website and popular mobile application. The company touts its “revolutionary approach to people-powered travel and hospitality” as recognized worldwide.
The opposition further describes features available to Airbnb users, including the ability to connect with unique properties and geographic locations. The platform also offers “experiences,” through which hosts offer guests a glimpse into their social lives, interests, or work and “Airbnb Adventures,” multi-day immersive experiences with local experts.
The company claims that its namesake trademark is a “fanciful term [that] has no ordinary English language meaning.” Airbnb alleges that due to its success, the extensive promotion of its brand, the publicity it has enjoyed, and celebrity endorsements, the company has become a household name and its marks are famous.
The filing alleges that the @Home BNB mark is similar to Airbnb’s suite of marks “in overall commercial impression, connotation, and sound.” The opposition specifies that the proposed mark incorporates the entirety of the allegedly unique “BNB” portion of AIRBNB. In addition, the descriptive term “HOME” and use of the @HOME BNB mark in connection with services that are closely related, identical, or complementary to those offered by Airbnb are likely to cause confusion.
As such, there is a likelihood that services offered under the @HOME BNB mark will be mistakenly associated with Airbnb, the company says. The opposition cautions that as a result of these incorrect assumptions, confusion will result as well as dilution of the distinctiveness of Airbnb’s marks. Accordingly, the filing asks the TTAB to refuse the registration and sustain the opposition in Airbnb’s favor.
Airbnb is represented by Kilpatrick Townsend & Stockton LLP.
