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3. Skyscanner Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1136351 Filing date: 05/26/2021 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 Skyscanner Limited Granted to Date 05/26/2021 of previous ex- tension Address 1 BEDFORD AVENUE FLOOR 6, THE AVENUE LONDON, WC1B 3AU UNITED KINGDOM Attorney informa- JOHN L. STRAND tion WOLF, GREENFIELD & SACKS, P.C. 600 ATLANTIC AVENUE BOSTON, MA 02210 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], rmvtrade- [email protected] 617-646-8000 Docket Number S21405000000 Applicant Information Application No. 90117302 Publication date 01/26/2021 Opposition Filing 05/26/2021 Opposition Peri- 05/26/2021 Date od Ends Applicant Foshan Shuijingling Home Co., Ltd. RM.201,2/F,NO.102,W.LONGJIANG SECTION NATIONAL HIGHWAY 325,LONGJIANG TOWN SHUNDE,FOSHAN, 528300 CHINA Goods/Services Affected by Opposition Class 020. First Use: 2019/08/12 First Use In Commerce: 2019/08/12 All goods and services in the class are opposed, namely: Pillows; Bed rests; Bedroom furniture; Futons; Interior textile window blinds; Living room furniture; Mattress toppers;Residential and com- mercial furniture; Sleep products, namely, mattresses, spring mattresses, box springs and mattress foundations; Sleeping pads Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Other common law rights in SUNRISE LOGO Marks Cited by Opposer as Basis for Opposition U.S. Registration 6242138 Application Date 08/09/2019 No. Registration Date 01/12/2021 Foreign Priority 05/21/2019 Date Word Mark NONE Design Mark Description of The mark consists of the design of a series of rays forming an arc over a curved Mark band with a downward point, all in white, on a blue background. Goods/Services Class 035. First use: First Use: 0 First Use In Commerce: 0 Advertising services provided via the Internet; opinion polling, namely, publi- copinion polling; provision of business information; business information ser- vices; data processing services; auctioneering; all of the foregoing relating to the travel and hospitality sectors Class 039. First use: First Use: 0 First Use In Commerce: 0 Travel information; travel arrangement services provided from an Internet web- site, namely, providing a website featuring travel and transportation booking and reservation services; providing travel information about flight, travel and travels tours via means of a global computernetwork; travel information provided online from a computer database; travel information accessible via a mobile phone util- ising wireless application protocol technology; travel agency services, namely, making reservations and bookings fortransportation; travel booking agencies; booking of airport parking spaces Class 042. First use: First Use: 0 First Use In Commerce: 0 Providing search engines for the Internet relating to the travel and hospitality sectors Class 043. First use: First Use: 0 First Use In Commerce: 0 Booking of temporary accommodation; travel agency services for booking tem- porary accommodation; information and bookingservices in relation to temporary accommodation provided from an Internet website; providing information relating to temporary accommodation via means of a global computer network; informa- tion relating to temporary accommodation provided online from a computer data- base; information relating to temporary accommodation accessible via a mobile phone using wireless application protocol technology; restaurant reservation and booking services; restaurants and bar information services U.S. Application/ Registra- NONE Application Date NONE tion No. Registration Date NONE Design Mark Goods/Services travel arrangements, advertising, the provision of travel and hospitality information, travel bookings, and data processing Attachments 79279675#TMSN.png( bytes ) SUNRISE LOGO- Resized.JPG S2140.50000US00 Notice of Opposition.pdf(196707 bytes ) S2140.50000US00 Exhibit A.pdf(615805 bytes ) S2140.50000US00 Exhibit B.pdf(1032806 bytes ) S2140.50000US00 Exhibit C_Part1.pdf(6171184 bytes ) S2140.50000US00 Exhibit C_Part2.pdf(5341693 bytes ) S2140.50000US00 Exhibit C_Part3.pdf(5028599 bytes ) S2140.50000US00 Exhibit C_Part4.pdf(6188291 bytes ) S2140.50000US00 Exhibit D.pdf(2669858 bytes ) S2140.50000US00 Exhibit E.pdf(1011968 bytes ) Signature /John L. Strand/ Name John L. Strand Date 05/26/2021 DOCKET NO.: S2140.50000US00 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Skyscanner Limited, Opposer, v. Foshan Shuijingling Home Co., Ltd., Mark: Serial No. 90117302 Opposition No. _________ Applicant. NOTICE OF OPPOSITION Skyscanner Limited (“Opposer”), a limited company organized and existing under the laws of the United Kingdom, having a place of business at 1 Bedford Avenue, Floor 6, The Avenue, London, WC1B 3AU, United Kingdom, believes it would be damaged by registration of the mark depicted in Application Serial No. 90117302 (the ’302 Application) – filed by Foshan Shuijingling Home Co., Ltd. (“Applicant”), a limited company organized and existing under the laws of China, having a place of business at Rm. 201, 2/F, No.102, W. Longjiang Section, National Highway 325, Longjiang Town, Shunde, Foshan 528300, China, and published for opposition in the Official Gazette on January 26, 2021 – and hereby opposes the same. The grounds for this Opposition are as follows: 1. On August 16, 2020, Applicant filed the ’302 Application for the mark shown below (“Applicant’s Mark”) for “pillows; bed rests; bedroom furniture; futons; interior textile window blinds; living room furniture; mattress toppers; residential and commercial furniture; sleep products, namely, mattresses, spring mattresses, box springs and mattress foundations; sleeping pads.” 2. The ’302 Application was filed pursuant to Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), based on alleged use of the mark in commerce since August 12, 2019. 3. From a date long prior to Applicant’s filing date and date of priority, Opposer has used the mark shown below (“Opposer’s Mark”) continuously and extensively in the United States and around the world for a wide variety of services in the travel and hospitality sectors, including travel arrangements, advertising, the provision of travel and hospitality information, travel bookings, and data processing. 4. Opposer’s website www.skyscanner.net features Opposer’s Mark and its travel/hospitality services and receives over 100 million visitors on a monthly basis. As of 2019, Opposer’s website was ranked 1,671st worldwide for internet traffic and engagement by Amazon, with a substantial portion of that traffic coming from U.S. IP addresses. Attached as Exhibit A are printouts from Amazon’s database for this domain at www.alexa.com/siteinfo/skyscanner.net (accessed on November 12, 2019). 5. Opposer’s website www.skyscanner.com likewise features Opposer’s Mark and its travel/hospitality services and has been ranked 1,285th in the U.S. for internet traffic and engagement by Amazon. 72% of all visitors to this website originated from U.S. IP addresses. Attached as Exhibit B are printouts from Amazon’s database for this domain at https://www.alexa.com/siteinfo/skyscanner.com (accessed on May 24, 2021). 6. Opposer has over 1,000 employees and physical offices in several countries— including the U.S. 7. Opposer and its services have received widespread, favorable recognition and are routinely featured in well-known U.S. publications, including The New York Times, Forbes, The Washington Post, USA Today, The Los Angeles Times, and The Huffington Post. Attached as Exhibit C are representative articles from these publications. 8. Opposer has also won or been shortlisted for a litany of awards for its branding and travel/hospitality services, including: • Best APAC Travel Mobile App - TravelMole (2015) • Tech Tour Growth Award (2015) • Tabby Award Nominee (2015) • Best Technology Provider – Travolution (2015) • Brand of the Year – Travolution Awards (2011) • Best Use of SEO – Travolution Awards (2011) • Best Metasearch Website – Travelmole Web Awards (2010) • Media Guardian Innovation Awards Finalist (2009) • GP Bullhound Media Momentum Awards Top 50 (2009) • Tech Media Invest 100 (2009) • Deloitte Technology Fast 50 (2009) Attached as Exhibit D are copies of Opposer’s press releases with additional details about these awards. 9. Through extensive use, promotion, and recognition, Opposer has created valuable goodwill and acquired strong common law rights in Opposer’s Mark, which represents high quality services to consumers throughout the U.S. 10. In addition to its common law rights, Opposer owns U.S. Reg. No. 6,242,138 for Opposer’s Mark for the services below: • Class 35: Advertising services provided via the Internet; opinion polling, namely, public opinion polling; provision of business information; business information services; data processing services; auctioneering; all of the foregoing relating to the travel and hospitality sectors • Class 39: Travel information; travel arrangement services provided from an Internet website, namely, providing a website featuring travel and transportation booking and reservation services; providing travel information about flight, travel and travels tours via means
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