Spotify successfully opposes Potify trade mark applications

The Swedish music streaming company claimed use of POTIFY by US Software for downloadable software relating to the sale of medical cannabis would dilute or tarnish Spotify’s reputation (see article in Digital Music News here). The Appeals Board at the USPTO sided with Spotify (read decision here). Despite the conceptual significance of POTIFY for the applicant and the different commercial fields, there was a clear likelihood of association “because the marks are so similar in how they look and sound, and in their structure, cadence and essential nature.” The judges therefore concluded: “There is no question that SPOTIFY is as famous as marks come, that SPOTIFY goods and services are widely used and recognized by a large percentage of the United States population, or that Opposer’s SPOTIFY mark is highly distinctive”.

This decision highlights how owners of well-known brands can prevent a similar trade mark being registered even where the trade application is filed for different products and services, if it is found that consumers may associate the latter mark with the famous trade mark.

After this win, I expect Spotify would say to US Software Inc. “Put that in your pipe and smoke it!”

[/vc_column_text][/vc_column][/vc_row]