Finnegan fights for Sony’s “exceedingly famous” mark

On behalf of client Sony Group Corporation, Finnegan filed an opposition at the Trademark Trial and Appeal Board (TTAB) against an application for SONISTREAM, which was to be used for downloadable computer software for Internet and broadcast radio scheduling and audio playout. Based on Sony’s longstanding rights in the SONY mark for a broad range of goods and services, including professional radio equipment and music streaming services, Sony alleged both likelihood of confusion and dilution.

Based on the overwhelming evidence of fame in the record, the Board found in Sony’s favor on the dilution claim without needing to reach the likelihood of confusion claim. Specifically, the Board found that the SONY mark is “exceedingly famous” and “among the most widely recognized marks in the United States.” In assessing the similarity in pronunciation between SONY and SONISTREAM, the Board also found persuasive Sony’s expert linguistic evidence showing that certain demographic groups in the United States are more likely to pronounce the “Soni” in SONISTREAM as “Sony”.

This is the first decision finding SONY to be a famous mark in the United States.