Spotify Opposes ‘Opstify’ Trademark as Likely to Cause Confusion

Stockholm, Sweden based Spotify AB has opposed a mark proposed for registration by Opstify Corporation. According to Tuesday’s Trademark Trial and Appeal Board (TTAB) filing, Pennsylvania-based Opstify filed an application to register a namesake mark on Sept. 21, 2020 for business management consulting. The global audio streaming and media services provider claims that registration of the mark will likely lead to confusion with its own namesake mark.

The opposition explains that Spotify was founded in 2006 and launched its website in 2008, through which it promotes and offers software for streaming and managing music, podcasts, and videos. Users can access music and other content on the website or by downloading Spotify’s software app to a computer, tablet, or mobile phone.

Spotify asserted that since at least 2008, it has used its namesake mark to promote its software and services. As a result of the company’s success, distinguished by an active user base of 350 million in 170 countries or more around the world, and a music library of more than 70 million songs, the TTAB opposition claims that its mark is considered famous.

The filing argues that the proposed Opstify mark so resembles the opposer’s Spotify mark that the use or registration of the former is likely to impair the distinctiveness of the latter. In addition, registration and use of the mark would cause consumer confusion or mistake as to the source of Opstify’s goods and services and cause the public to falsely infer a relationship between Opstify and Spotify, the TTAB submission claims.In turn, Spotify requests that Opstify’s application be rejected, no registration be issued, and that its opposition be sustained.

Wilson Sonsini Goodrich & Rosati represents Spotify in this matter.