To put it bluntly, Potify is too similar to Spotify. That was what the Trademark Trial and Appeal Board held when it refused to register the trademark Potify as an app for cannabis dispensaries.
Spotify, the streaming giant, argued that the Potify brand dilutes the Spotify brand by association. As reported by EDMTunes, Spotify successfully established that Potify was “blurring and tarnishing” the former’s brand. The Board found that the only difference between the two marks was the “S” at the beginning of Spotify.
The CEO of Potify denied any association, claiming “the Spotify name did not come to mind when developing the name.” The Potify app connects users to local dispensaries for cannabis delivery.
The Board did not find that any association between to the two companies had or will occur. Nevertheless, because of the similarity in look, sound, structure, cadence, and essential nature of the marks, the Board did not discount the possibility that an association would occur.
Authors: Jaclyn Tilak and Hannah Johnson, 2021/2022 Articling Student-at-law
Authors
Expertise
Insights
-
Intellectual Property Litigation
Rise of Trademark Phishing Scams
There has been a reported surge in trademark phishing scams. The Canadian Intellectual Property Office (“CIPO”) issued a statement warning of an email phishing scam targeting members of the public by… -
Intellectual Property Litigation
The Return of the Honda Element?
A few recent patent applications reveal that the Honda Element may be making its return to the automotive industry: The first patent application is a “camper for a vehicle”. The second… -
Intellectual Property Litigation
"Worldle" Faces a Wordle Hurdle
Kory McDonald, the creator of “Worldle”, a geography-themed game, is advocating on behalf of all games ending in “-le”. Worldle shows a series of Google Street view images from which players… -
Intellectual Property Litigation
Not a “Success Kid”
Steve King, the former Iowa Republican Congressman, has reportedly lost his appeal attempting to overturn a copyright verdict for using the “Success Kid” meme in his 2020 campaign. The “Success… -
Intellectual Property Litigation
Alaska Airlines Not Soaring After Losing Appeal
Alaska Airlines (“Alaska”) recently lost an appeal over a trademark licensing agreement at the Court of Appeal in London, in a decision favoring Virgin Group. Alaska was ordered to pay approximately… -
Intellectual Property Litigation
X’s Lawsuit Regarding Data Scraping Dismissed
A federal judge in California reportedly dismissed a lawsuit for breach-of-contract and tort claims brought by Elon Musk’s X, formerly known as Twitter, against Bright Data, in a case involving data…