By Maureen Meehan
The U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) upheld two oppositions filed by Spotify from trademark programs created by U.S. Software Inc. for its cannabis application recognised as POTIFY, according to IP Watchdog.
What To Know: The USTPO declared that POTIFY’s emblems would have diluted and blurred logos held by the well known audio streaming support.
Image by camilo jimenez through Unsplash
U.S. Program, which submitted the trademark apps in 2017 and 2018, was seeking to register POTIFY for “downloadable computer software for use in browsing, creating and making compilations, rankings, rankings, opinions, referrals and tips relating to clinical cannabis dispensaries and doctor’s workplaces and exhibiting and sharing a user’s site and acquiring, finding, and interacting with other customers and position, in International Class 9.”
U.S. Software was also in search of the trademark for clothing, health care cannabis information and facts, building an on line neighborhood for health-related cannabis patients and as a platform to create an on-line neighborhood for discussion of medical marijuana and scheduling of health care providers.
Spotify opposed the application, indicating that typical legislation legal rights to its tunes and enjoyment software package, as properly as marketing, could be mistaken for the POTIFY web page and bring about shopper confusion.
Spotify also claimed that because “pot” is acknowledged as a term for cannabis, confused consumers might affiliate POTIFY with the advertising of marijuana and thus tarnish the SPOTIFY mark.
Why It’s Important: The Trademark and Trial Attraction Board famous that Spotify already hosts information, such as new music and podcasts, similar to cannabis, stories Ganjapreneur.
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U.S. Software argued its merchandise is not for person consumers, instead “sales techniques, telemedicine systems, and enterprise source arranging methods,” and “is a back again-conclude application system built for legal cannabis dispensaries to market place and offer their goods.”
Furthermore, POTIFY pointed out that it existed in 2014 prior to Spotify became famous and that its title arrived from the on the web purchasing internet site Shopify, and not the streaming system, Spotify.
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Finally, the board ruled that “because the marks SPOTIFY and POTIFY are made use of for software products that complete analogous features, and are so similar in appearance and audio, their business impressions are related even if individuals get different meanings from Spot and POT,” and it is “inevitable POTIFY will diminish SPOTIFY’s distinctiveness.”
So, Spotify wins.
This write-up initially appeared on Benzinga and has been reposted with authorization.