U.S. Trademark Trial and Appeal Board Issues Precedential Decision on Dilution

In a precedential decision, Spotify AB v US Software Inc. (Opposition Nos 91243297 and 91248487), the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office sustained an opposition to the mark POTIFY for marijuana-related software and services as dilutive by blurring of the famous mark SPOTIFY.  In an article entitled “Victory for Spotify as POTIFY Goes to Pot,” first published on January 20, 2022 in WTR Daily, part of World Trademark Review, Karin Segall discusses how the case provides useful guidance on establishing fame sufficient to qualify for protection from dilution and casts doubt on whether dilution by blurring can be avoided through a play on words.