Omni Hotels Management Corporation recently sued HomeAway Inc. for trademark violations, alleging that the online vacation rental company was infringing on Omni’s trademarks by mentioning Omni resorts in its rental listings. HomeAway claims that usage of the Omni trademarked name to describe the location or proximity of its rentals is protected under fair use. Litigation is pending in federal court.

If HomeAway’s fair use argument prevails, the company can continue to mention that its rentals are near Omni resorts, which could be a draw for potential customers.