‘We’re not going to back down’: tiny Portland B&B stands up to Airbnb’s legal bid to ‘monopolise’ letters ‘bnb’

In one corner is bnb-side, a six-room bed and breakfast on the Isle of Portland – a tiny wedge of limestone tied by a narrow ribbon of shingle to the Dorset coast – that was created to help secure the future of the rock’s much-loved arts festival, b-side.

On the other is Airbnb, the San Francisco-based booking colossus. The battle between them is over the three little letters they share.

b-side says the “bnb” in bnb-side means what it has always meant: bed and breakfast. But lawyers for the Silicon Valley titan say the name of the guesthouse, perched on an outcrop just 4 miles long by 1.5 miles wide, threatens the global brand of the $100bn heavyweight.

“We thought the name was both really obvious and really cool,” said Rocca Holly-Nambi, director of b-side. “b-side was founded almost 20 years ago, so when we set up our BnB in 2024 to raise money for the festival, we just popped the ‘bn’ in front because it’s a universally recognised description of what we’re offering.”

Airbnb doesn’t agree. In May, it sent the first of three legal letters to the tiny social enterprise to demand it cease its attempt to register the B&B using the name it had used since it opened its doors.

“They won’t let us compromise by using a different case, an ampersand or an ‘and’,” said Holly-Nambi. “According to Airbnb, we can’t describe our BnB as a BnB at all.”

For bnb-side, losing the argument could mean more than abandoning a clever name. It would mean replacing signage and rewriting websites, social media and all other material referencing and advertising the B&B.

“That’s not just a huge waste of money – of which we don’t have much – and of the equally valuable time of our volunteers, but it would throw b-side’s core income stream into chaos,” said Holly-Nambi. “We’d have to painstakingly build our reputation and brand back up from scratch all over again.”

Raina Summerson, chair of b-side, is fuming and incredulous. “We opened bnb-side because we were completely dependent on public funding and wanted to be more financially secure,” she said. “bnb-side now generates almost half the festival’s annual £250,000 turnover. If it loses its name, we risk having to establish it all over again.”

Airbnb has opposed the name on three separate legal grounds: that consumers will confuse the two brands, that bnb-side could benefit from or damage Airbnb’s reputation, and that bnb-side will financially profit by misrepresenting itself as an official Airbnb service.

b-side is asking the Intellectual Property Office to reject Airbnb’s opposition in full, with costs awarded in their favour. The case is still under way, with no ruling having yet been made.

Airbnb’s claim has hit a nerve on the proud, windswept outcrop. Cat Wightman, manager of bnb-side, said: “It’s pretty bitter. We’ve watched other small, local hospitality businesses go under, and local people unable to afford homes here, who have been negatively affected by the force with which the Airbnb market has conquered Portland. One person owns eight properties on the island, all of which are rented out on Airbnb.”

b-side obtained pro bono advice and is working with the law firm Stevens Hewlett & Perkins to defend them, but the process is still intimidating. “It’s terrifying but we’re not going to back down,” said Holly-Nambi. “We do things differently here in Portland.”

Craig Beaumont, a trademark attorney and senior associate at Barker Brettell, a law firm that specialises in intellectual property, said that for all Airbnb’s might, this would not be an easy or straightforward win for them.

“This feels like an uphill battle they’re embarking on,” he said. “BnB has long been widely understood as shorthand for a descriptive phrase, and descriptive phrases are available for the public to use.”

bnb-side are not the only company who agree with Beaumont: Companies House records show that in the past decade 14 accommodation companies with “bnb” in their name successfully registered their businesses.

Darren Meale, a partner and trademark litigation specialist at Simmons & Simmons, said it was no surprise the term was used so often. “It’s quite punchy of Airbnb to say they’re so well-known that they can monopolise a term that they only incorporated into their name in the first place because it was a descriptive one that everyone immediately understood, and then say that someone else using the term is going to confuse customers and damage them.”

Lee Curtis, a partner and chartered trademark attorney at IP law firm HGF, agreed that Airbnb “may be testing the limits” of the law. But he pointed to another risk for the lodging colossus.

“There’s a public relations angle to take into account,” he said. “Some companies may welcome getting a reputation for aggressive enforcement but that can backfire when the target is a community organisation, like this one.”