Spotify Smokes Potify

Spotify AB (“Spotify”) has prevailed in two opposition proceedings it brought against the registrations of two POTIFY marks, which were applied for by U.S. Software Inc. (“U.S. Software”), in connection to its Potify platform. According to U.S. Software, Potify is “a backend software platform designed for legal marijuana dispensaries to market and sell their products.”

In support of its oppositions, Spotify made three claims against that the POTIFY marks, namely, likelihood of confusion with the SPOTIFY mark, dilution by blurring of the SPOTIFY mark, and dilution by tarnishment of the SPOTIFY mark. The Trademark Trial and Appeal Board (TTAB) ruled in Spotify’s favor only looking at the dilution by blurring ground.

Dilution by blurring

According to Section 43(c) of the Trademark Act:

“the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner’s mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring … of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” 15 U.S.C. §

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