‘SoniStream’ Mark Does Not Survive a Dilution Opposition Brought by Sony

The Trademark Trial and Appeal Board ruled in favor of Sony Group Corporation in an opposition against an application for the trademark “SoniStream” for goods identified as “downloadable computer software for Internet and broadcast radio scheduling and audio playout”. Sony opposed the application based on likelihood of confusion under Section 2(d) of the Trademark Act as well as dilution under Section 43(c) of the Trademark Act.

The Board sustained the opposition on dilution grounds, finding SONY to be famous among the general U.S. public.  In evaluating whether “SoniStream” is sufficiently similar to SONY, one of the key issues was how “SoniStream” is pronounced. While the Board noted there were multiple possible pronunciations, it found based on Sony’s expert linguistic evidence that pronunciation as “SONY-stream” was a reasonable possibility that should be considered. The Board also found that the marks were sufficiently similar in appearance such that “SoniStream” would immediately conjure up the famous SONY mark.

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