Facts

Plaintiff Reserve Media Inc. is a venture-backed startup company that offers a mobile app called Reserve, which allows consumers to locate and make reservations at restaurants.

Defendant Efficient Frontiers Inc. offers software products that assist with catering and event-management, restaurant table management, and dining reservations under the name Reserve Interactive.

Reserve Media filed suit against Efficient Frontiers after defendant sent Reserve a cease-and-desist letter for attempting to use the mark, Reserve.

Efficient Frontiers filed a counterclaim against Reserve Media claiming it infringed registered and unregistered trademarks, which it claimed to own in the dining and hospitality space.

PLAINTIFF'S CONTENTIONS:
Reserve Media contended that Efficient Frontiers' marks are not protectable because they are descriptive and lack secondary meaning. Reserve Media also contended that, even if Efficient Frontiers' marks are protectable, there is no likelihood of confusion.

DEFENDANT'S CONTENTIONS:
Efficient Frontiers contended that its marks are protectable and Reserve Media's use of the Reserve mark creates confusion in the marketplace.

In its counterclaim, Efficient Frontiers asserted federal and state causes of action for unfair competition and trademark infringement of Reserve Interactive, Reserve Anywhere, Reserve Q, Reserve It, Reserve It 2.0, Reserve Gateway, Reserve University, and Reserve Cloud.

Result

Summary judgment granted on Reserve Media's claim for declaratory relief for non-infringement.

Other Information

FILING DATE: July 6, 2015.