Abdisalam Serar v Airbnb, Inc

Abdisalam Serar applied to register the figurative trade mark "AIR GUEST" in Class 9. Airbnb, Inc. opposed this application. The dispute concerned whether the proposed mark should be registered, given Airbnb's existing trade mark rights and its prominent use of the term "Air" in its branding.

The primary legal issue before the court was whether the applicant's proposed trade mark "AIR GUEST" (Figurative) was deceptively similar to Airbnb's registered trade marks, specifically "AIRBNB" and "AIRBNB.COM", for goods and services within Class 9. This involved an assessment of the visual and conceptual similarities between the marks, considering the overall impression they created on the relevant consumers.

The court applied the principles of deceptive similarity as established in trade mark law, focusing on the likelihood of confusion among consumers. It considered the dominant features of the respective marks and the context in which they would be encountered. The court found that the inclusion of the word "AIR" in the applicant's mark, coupled with the visual representation, created a significant degree of similarity to Airbnb's well-known branding. This similarity was deemed sufficient to cause confusion among the public as to the origin of the goods or services.

Consequently, the court upheld Airbnb's opposition to the registration of the "AIR GUEST" trade mark application.