Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1116417
`02/24/2021
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Sony Corporation
`02/24/2021
`
`1-7-1 KONAN, MINATO-KU
`TOKYO, 108-0075
`JAPAN
`
`MARK SOMMERS
`FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, LLP
`901 NEW YORK AVENUE, NW
`WASHINGTON, DC 20001
`UNITED STATES
`Primary Email: docketing@finnegan.com
`Secondary Email(s): mark.sommers@finnegan.com,
`naresh.kilaru@finnegan.com, jessica.hannah@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com
`202-408-4000
`
`Docket Number
`
`14473.0166
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88959665
`02/24/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`10/27/2020
`02/24/2021
`
`Soni Poke Bowl Ventures LLC
`1715 W. TRENTON ROAD, SUITE 109
`EDINBURG, TX 78539
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Fast casual restaurants featuring Hawaiian
`food, poke and poke bowls; Restaurant services featuring poké burritos and bowls; Restaurant ser-
`vices featuring pokeand rice bowls
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`770275
`
`05/26/1964
`
`Application Date
`
`06/19/1963
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 009. First use: First Use: 1961/03/30 First Use In Commerce: 1961/03/30
`Television Cameras
`
`U.S. Registration
`No.
`Registration Date
`
`785967
`
`03/02/1965
`
`Application Date
`
`06/21/1963
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class U026 (International Class 001, 009, 010). First use: First Use: 1962/01/27
`First Use In Commerce: 1962/01/27
`ANALYSIS APPARATUS AND EQUIPMENT-NAMELY, [ AUTOMATIC ANA-
`LOG CORRELATORS, AUTOMATIC TRANSIENT WAVEFORM RECORDERS
`] AND DATA RECORDERS, [ CORRELATORS AND METERS ]
`
`U.S. Registration
`No.
`Registration Date
`
`885860
`
`02/10/1970
`
`Application Date
`
`08/09/1968
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 021. First use: First Use: 1967/07/20 First Use In Commerce: 1967/07/20
`CROCKERY-NAMELY, CUPS
`
`U.S. Registration
`No.
`Registration Date
`
`1207979
`
`09/14/1982
`
`Application Date
`
`03/13/1981
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Computers, Word Processors, Floppy Discs and Typewriters Adapted for Use
`with Data Recording Apparatus
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`1258436
`
`11/22/1983
`
`Application Date
`
`10/13/1982
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 009. First use: First Use: 1963/08/00 First Use In Commerce: 1963/08/00
`Video Tape Recorders, Video Disc Players, Video Cameras, and Recorded
`Video Tapes in Addition to Unrecorded Video Tapes
`
`U.S. Registration
`No.
`Registration Date
`
`1622127
`
`11/13/1990
`
`Application Date
`
`10/03/1988
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 009. First use: First Use: 1969/12/15 First Use In Commerce: 1969/12/15
`RADIOS, TELEVISIONS, TAPE RECORDERS (SOUND RECORDING AND
`REPRODUCTION MACHINES), AND ACCESSORIES AND PARTS THEREOF,
`NAMELY CABINET STANDS, CARRYING CASES, RECHARGEABLE BAT-
`TERY PACKS, CAR BATTERY CORDS, ANTENNAS, HAND STRAPS AND
`PARTS THEREOF; TAPE FOR TAPE RECORDERS, REELS FOR TAPE, AU-
`DIOTAPES FEATURING MUSIC RECITAL AND EDUCATIONAL PROGRAMS,
`WIRED AND WIRELESS MICROPHONES, ANNOUNCING MACHINES, LOUD-
`SPEAKERS FOR STEREOPHONIC AND MONOPHONIC SOUND REPRO-
`DUCTION, AUTOMATIC-TRANSFORMERS, ERASERS OF RECORDED
`TAPE, MICROPHONE-MIXERS, AMPLIFIERS, INVERTERS, MONOPRINT-
`ERS, SIGNAL TRACERS, SIGNAL INJECTORS, TRANSISTORS, BATTERIES,
`ELECTRIC VACUUM-TUBES, CONVERTERS (RECTIFIER UNITS FOR OP-
`ERATION OF BATTERY RADIO), PICKUPS;ELECTRIC-COMMUNICATING
`APPARATUS, NAMELY, FACSIMILE TELEPHONES AND TELEPHONES
`WITH TWO WAY VIDEO TRANSMITTERS; DICTATING MACHINES, TELEVI-
`SION CAMERAS, ELECTRICAL SOUND RECORDING APPARATUS, COM-
`PRISINGELECTRIC RECORD PLAYERS, ELECTRICALLY DRIVEN RECORD
`CHANGERS, AND AUTOMATIC PHONOGRAPH RECORD CHANGERS,
`VIDEO TAPE RECORDERS, VIDEO DISC PLAYERS, VIDEO CAMERAS, RE-
`CORDED VIDEO TAPES FEATURING MOTION PICTURES AND MUSICAL
`PERFORMANCES, UNRECORDED VIDEO TAPES, COMPUTERS, WORD
`PROCESSORS, TELEPHONES, COMPUTER WORK STATIONS, COMPUTER
`PROGRAMS AND PROGRAM MANUALSALL SOLD AS A UNIT FOR USE IN
`THE FIELDOF [ BUSTRY ] * BUSINESS, INDUSTRY * , FINANCIAL AC-
`COUNTING, OPERATING PROGRAMS, WORD PROCESSING AND DATA-
`BASE MANAGEMENT; COMPACT DISC PLAYERS, TRANSCEIVERS, HEAD-
`PHONES, PERSONAL STEREOS, CAR STEREOS, TUNERS, CARTRIDGES,
`SPEAKERS, UNRECORDED AUDIO CASSETTE TAPES, AND PRERECOR-
`DEDCASSETTE TAPES FEATURING MUSICAL PERFORMANCES,
`EARPHONES, GRAPHIC EQUALIZERS, ELECTRIC JUICERS, ELECTRIC
`IRONS, NINE VOLT BATTERIES, BINOCULARS, RADIOS COMBINED WITH
`ALARM CLOCKS, SEMI-CONDUCTORS, TELEVISION TUBES, COMPUTER
`MONITORS, COMPUTER FLOPPY DISCS, MAGNETIC SCALES, VIDICONS,
`MAGNETIC HEADS FOR TAPE RECORDERS, CATHODE RAY TUBES, RE-
`
`

`

`MOTE CONTROL UNITS FOR TELEVISION RECEIVERS, MAGNETIC MEAS-
`URING APPARATUS AND DIGITAL COUNTER, BIMORPH TRACKING
`HEADS WHICH PROVIDE FOR VARIABLE PLAYBACK SPEEDS FOR VIDEO
`TAPE RECORDERS, DIGITAL MICRO METERS; PULSE CODEMODULATION
`AUDIO SYSTEMS, NAMELY PULSE CODE MODULATION AUDIO UNITS,
`MAGNETIC VIDEO RECORDERS AND/OR PLAYERS AND MAGNETIC ME-
`DIA THEREFOR, NAMELY VIDEO TAPES FEATURING ENTERTAINMENT
`AND EDUCATIONAL PROGRAMS; HIGH FIDELITY SOUND UNITS USED
`ASEXTERNAL COMPONENT PARTS OF TELEVISION SYSTEMS, TELEVI-
`SION MONITORS WITH AND WITHOUT TELEVISION TUNERS; ELECTRON-
`IC DIGITAL GAUGING SYSTEM COMPRISED OF DIGITAL DISPLAY UNITS,
`GAUGING PROBES, CALIBRATION RINGS AND CALIBRATION BLOCKS,
`NON-ELECTRIC SOUND AMPLIFIERS IN THE SHAPE OF HEADPHONES,
`COLOR TEMPERATURE SWITCHES FOR TELEVISION RECEIVERS, PRO-
`JECTION TELEVISIONS, VIDEO CAMERAS COMBINED WITH VIDEO TAPE
`RECORDERS, FLOPPY DISC DRIVES, COMPUTER JOYSTICKS, COM-
`PUTER CONNECTION CABLES AND CONNECTORS, HIGH SPEED VIDEO
`TAPE DUPLICATING MACHINES, COLOR VIDEO PROJECTORS, MICRO
`TELEVISIONS, COMPACT DISCCHANGERS USED TO CHANGE PLAYBACK
`AND SELECTION OF MULTIPLE COMPACT DISCS, VIDEOCAMERA
`LENSES, OPTICAL SCALES AND ENCODERS FOR (LINEAR OR ANGULAR)
`POSITION SENSING, UTILIZING LASERS, UNITS FOR MEASURING DIS-
`PLACEMENT (LINEAR OR ANGULAR) WHICH UTILIZE DIFFRACTION GRAT-
`ING AND LASERUNITS, FLOPPY DISC VIDEO PLAYERS, FLOPPY DISC
`VIDEO CAMERAS, FLOPPY DISCS FOR USE IN VIDEO PLAYERS AND
`CAMERAS; VIDEO TAPE RECORDER ACCESSORIES, NAMELY, EDITORS,
`SWITCHERS, SPECIAL EFFECTS GENERATORSAND REMOTE CON-
`TROLS; REPLACEABLE FLUORESCENT TELEVISION PICTURE TUBES
`WHICH FUNCTION AS SINGLE PIXELS IN GIANT TELEVISION SCREENS,
`TIME BASE CORRECTORS; VIDEO CAMERA CONTROL UNITS COM-
`PRISED OF VIDEO CAMERA SIGNAL PROCESSOR, VIDEO CAMERA CON-
`TROL POWER UNIT, VIDEO CAMERA OPERATIONAL CONTROL UNIT AND
`WAVE FORM MONITOR; VIDEO CAMERA ACCESSORIES, NAMELY, OPTIC-
`ALFIBER LINKS, VIDEO CAMERA IMAGE ENHANCERS AND VIDEO CAM-
`ERA CABLE; ELECTRONIC STILL CAMERAS AND PARTS AND ACCESSOR-
`IES THEREFOR, NAMELY, MAGNETIC DISKS
`
`U.S. Registration
`No.
`Registration Date
`
`1836821
`
`05/17/1994
`
`Application Date
`
`07/19/1993
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 021. First use: First Use: 1984/09/30 First Use In Commerce: 1984/09/30
`mugs
`
`U.S. Registration
`No.
`Registration Date
`
`3243454
`
`05/22/2007
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`SONY
`
`NONE
`
`Application Date
`
`10/27/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`Class 009. First use: First Use: 1996/05/31 First Use In Commerce: 1996/05/31
`Cellular telephones, batteries for cellular telephones, battery chargers for cellu-
`lar telephones, cases for cellular telephones, devices for hands-free use of cellu-
`lar telephones, cellular telephone straps, [ holsters for carrying cellulartele-
`phones, ] cradles for cellular telephones, [ PC cards, styli for use with cellular
`telephones that have touch screens, flash units for cellular telephones with cam-
`eras, media viewers, gameboards,integrated circuit recording media readers,
`audio speakers, audio systems comprised of an amplifier and speakers for use
`with cellular telephones, FM radio transmitters for use with cellular telephones,
`USB cables, plastic covers for cellular telephones ]
`Class 014. First use: First Use: 2005/12/31 First Use In Commerce: 2005/12/31
`watches * in the nature of smart watches *
`
`U.S. Registration
`No.
`Registration Date
`
`4938522
`
`04/12/2016
`
`Application Date
`
`12/06/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`The mark consists of the word "SONY" instylized type.
`
`Class 041. First use: First Use: 2015/12/31 First Use In Commerce: 2015/12/31
`Entertainment services, namely, providing prerecorded music, information in
`thefield of music, and commentary and articles about music, all on-line via a
`global computer network; entertainment services, namely, rental and computer-
`ized on-line rental services featuring interactive software and hardware home
`entertainment and consumer electronics in the nature of motion pictures, films,
`movies, prerecorded DVD's, prerecorded videotape cassettes, audio, audio re-
`cordings in a variety of genres; providing online computer games; providing a
`web site that features photographic presentations based upon animated motion
`pictures; arranging and planning of concerts or musical performances; produc-
`tion of animation television programs; production of videotape film in the field of
`education, culture, entertainment or sports featuring amination programs; pro-
`duction of master CD-ROMs recorded with music and video; rentalof motion pic-
`tures; rental of sound-recorded or video-recorded video discs, magnetic tapes,
`magnetic discs, optical discs, magneto-optical discs, CD-ROMs and DVD-
`ROMs; providing downloadable streaming, and wireless entertainment content
`inthe nature of audiovisual works, motionpictures, trailers, television program-
`ming, music, and games by means of an interactive global computer and com-
`munications networks; providing information in the fields of entertainment,
`movies, and music over computer networks and global communication net-
`works; motion picture studio services; television studio services; rental of motion
`picture and television scenery; provision of cinema or theatre facilities; rental of
`apparatus for transmitting, receiving, modifying, editing or reproducing cinemato-
`graphic films, sound or video; recording, modifying or editing services for film,
`sound and video; providing online entertainment, namely, production of sound
`and audiovisual recordings in the field of music and musical based entertain-
`ment; providing a website over a global computer network featuring information
`on musical artists,tours of musical artists, sound recordings, popular culture and
`events and musical based entertainment; entertainment, namely, organizing and
`producing musicalevents; entertainment, namely, organizing and producing mu-
`sical and theatrical events; production of sound and music video recordings;
`providing facilities forproducing video, cinema and photographyproductions;
`post-production editing services in the field of music, videos andfilms
`
`U.S. Registration
`
`4313348
`
`Application Date
`
`12/28/2009
`
`

`

`No.
`Registration Date
`
`04/02/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY
`
`NONE
`
`Class 038. First use: First Use: 2011/02/28 First Use In Commerce: 2011/02/28
`Broadcasting 2D/3D programs via a global computer network; cable television
`broadcasting; 2D/3D podcasting services; providing electronic bulletin boards for
`transmission of messages among users; satellite television broadcasting;
`streaming of audio material on the Internet; streaming of 2D/3D video material
`on the Internet; 2D/3D video broadcasting; video-on-demand transmission ser-
`vices; webcasting services; television broadcasting services
`Class 041. First use: First Use: 2011/02/28 First Use In Commerce: 2011/02/28
`Entertainment services, namely, production of television shows
`
`U.S. Registration
`No.
`Registration Date
`
`1682342
`
`04/07/1992
`
`Application Date
`
`02/01/1990
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY CLASSICAL
`
`The mark, in part, consists of a stylized design of two musical notes.
`
`Class 009. First use: First Use: 1990/04/10 First Use In Commerce: 1990/04/10
`compact discs, prerecorded video discs,prerecorded audio tapes and prerecor-
`dedvideo tapes featuring music
`
`U.S. Registration
`No.
`Registration Date
`
`1711369
`
`09/01/1992
`
`Application Date
`
`10/07/1991
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY CLASSICAL
`
`NONE
`
`Class 009. First use: First Use: 1990/04/10 First Use In Commerce: 1990/04/10
`compact discs, prerecorded video discs,prerecorded audio tapes and prerecor-
`dedvideo tapes featuring music
`
`U.S. Registration
`No.
`Registration Date
`
`1863070
`
`11/15/1994
`
`Application Date
`
`03/02/1992
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY PICTURES CLASSICS
`
`NONE
`
`Class 009. First use: First Use: 1993/03/18 First Use In Commerce: 1993/03/18
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`[ blank video tapes, video discs, and audio tapes; ] pre-recorded video tapes
`and video discs, and motion pictue films featuring screenplays, musical perform-
`ances, sporting events or newsworthy events; [ prerecorded audio tapes and
`compactdiscs featuring music or spoken words, namely fiction and non-fiction
`books, articles, dramatic works, poetry, news events, speeches, scientific and
`technical works ]
`
`1998590
`
`Application Date
`
`03/25/1994
`
`09/03/1996
`
`Foreign Priority
`Date
`SDDS SONY DYNAMIC DIGITAL SOUND
`
`NONE
`
`NONE
`
`Class 009. First use: First Use: 1994/07/21 First Use In Commerce: 1994/07/21
`sound processing hardware for encoding and decoding the soundtracks of mo-
`tion picture films [ ; televisions; amplifiers; prerecorded video tapes containing
`motion pictures; blank video tapes; prerecorded audio tapes containing motion
`picture sound tracks; blank audio tapes; prerecorded video discs containing mo-
`tion pictures; tape players/recorders; compact disc players; and optical disc re-
`corders/players ]
`
`U.S. Registration
`No.
`Registration Date
`
`2738039
`
`07/15/2003
`
`Application Date
`
`04/25/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`PRINT BY SONY
`
`NONE
`
`Class 009. First use: First Use: 2001/02/28 First Use In Commerce: 2001/02/28
`computer printers and digital photographic printers
`Class 016. First use: First Use: 2001/02/28 First Use In Commerce: 2001/02/28
`printing papers for video printers; printing paper for computer printers, photo-
`graphs, inking ribbons
`
`U.S. Registration
`No.
`Registration Date
`
`3908213
`
`01/18/2011
`
`Application Date
`
`11/15/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY PICTURES
`
`NONE
`
`Class 009. First use: First Use: 2010/03/25 First Use In Commerce: 2010/03/25
`Motion picture films featuring comedy, drama, musicals, action, adventure, sus-
`pense, horror, westerns, detective stories, sports events, documentaries and an-
`imations; television films featuring comedy, drama, musicals, action, adventure,
`suspense, horror, westerns, detective stories, sports events, documentaries and
`animations; pre-recorded discs featuring motion pictures and television program-
`ming; downloadable game software accessible via wired and wireless computer
`
`

`

`networks; computer software for downloading electronic data of musical sounds,
`movies,motion pictures and television programs; downloadable software for
`computer andvideo games from wired and wireless global computer networks to
`computers; pre-recorded DVDs featuring animations and motion pictures;
`[downloadable ring tones, ]graphics, music and video, namely, motion pictures
`featuring musicals, comedies, dramas, thrillers, detective stories, war subjects,
`news, musical performances, sporting events via a global computer network and
`wireless devices
`Class 035. First use: First Use: 2010/03/25 First Use In Commerce: 2010/03/25
`Promoting the goods and services of others by preparing and disseminating ad-
`vertisements accessed through a global computer network; online retailing store
`services via a global computer network featuring computer and video games
`and game-related merchandise
`Class 038. First use: First Use: 2010/03/25 First Use In Commerce: 2010/03/25
`providing telecommunication services via a global computer network, namely,
`transmission of motion pictures, televisionprogram and other entertainment pro-
`gramming; electronic transmission of data, images and documents via com-
`puters and audiovisual equipment; providing downloadable streaming and trans-
`mission of wireless entertainment content in the nature of audiovisual works,
`motion pictures, trailers, television programming, music, and games by means of
`a global computer network and communications networks
`Class 041. First use: First Use: 2010/03/25 First Use In Commerce: 2010/03/25
`Production of pre-recorded DVDs, pre-recorded non-disc digital storage media
`and music by means of a global computer network and communications net-
`works; providing information in the fields of entertainment, motion pictures and
`music over computer networks and global communication networks; providing
`online computer games; motion picture and television studio services; rental of
`motion picture and television scenery and equipment; recording, modifying or
`editing services forfilm, sound and video; entertainment services, namely,
`providing video games for play online, on wireless devices, on computers; enter-
`tainment services in the form of production and distribution of animation, visual
`effects, and computer graphics for motion pictures and television
`
`U.S. Registration
`No.
`Registration Date
`
`4403544
`
`09/17/2013
`
`Application Date
`
`01/06/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY MUSIC
`
`The mark consists of a curved design element and the words "SONY MUSIC".
`
`Class 009. First use: First Use: 2009/03/31 First Use In Commerce: 2009/03/31
`Musical sound recordings; audiovisual recordings featuring music and musical
`based entertainment; downloadable musical sound and downloadable audi-
`ovisual recordings featuring music and musical based entertainment
`Class 041. First use: First Use: 2009/03/31 First Use In Commerce: 2009/03/31
`providing online entertainment, namely,providing sound and audiovisual record-
`ings in the field of music and musical based entertainment; providing a website
`over a global computer network featuring information on musical artists; provid-
`ing information about performances to be given by musical artists on tours; pro-
`duction of sound recordings; providing information about popular culture and
`eventsand musical based entertainment
`
`U.S. Registration
`No.
`
`3386432
`
`Application Date
`
`09/27/2005
`
`

`

`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`02/19/2008
`
`Foreign Priority
`Date
`SONY PICTURES ANIMATION
`
`NONE
`
`NONE
`
`Class 009. First use: First Use: 2006/09/30 First Use In Commerce: 2006/09/30
`animated motion picture films featuringcartoons, drama, action, comedies, and
`musicals; prerecorded DVDs containing animated motion pictures; video game
`programs based upon animated motion pictures
`Class 041. First use: First Use: 2007/09/30 First Use In Commerce: 2007/09/30
`Entertainment services, namely, the production and distribution of animated mo-
`tion pictures
`
`U.S. Registration
`No.
`Registration Date
`
`801885
`
`01/11/1966
`
`Application Date
`
`10/14/1964
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`SONY
`
`NONE
`
`Class 015. First use: First Use: 1964/05/30 First Use In Commerce: 1964/06/10
`ELECTRICAL SOUND RECORDING APPARATUS, INCLUDING ELECTRIC
`RECORD PLAYERS, ELECTRICALLY DRIVEN RECORD CHANGERS, AND
`AUTOMATIC PHONOGRAPH RECORD CHANGERS
`
`2773845
`
`Application Date
`
`05/11/1999
`
`10/14/2003
`
`Foreign Priority
`Date
`SONY ONLINE ENTERTAINMENT
`
`NONE
`
`NONE
`
`Class 035. First use: First Use: 2001/09/07 First Use In Commerce: 2001/09/07
`electronic retailing services via computer featuring video game, toy figures,
`clothing and headgear
`Class 038. First use: First Use: 2001/09/07 First Use In Commerce: 2001/09/07
`providing on-line chat rooms for transmission of messages among computer
`users concerning topics of video games
`
`2018454
`
`Application Date
`
`05/24/1994
`
`11/19/1996
`
`Foreign Priority
`Date
`SONY COMPUTER ENTERTAINMENT
`
`NONE
`
`NONE
`
`

`

`Goods/Services
`
`Class 028. First use: First Use: 1994/12/03 First Use In Commerce: 1995/09/09
`computer game software
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`2022642
`
`Application Date
`
`05/24/1994
`
`12/10/1996
`
`Foreign Priority
`Date
`SONY COMPUTER ENTERTAINMENT
`
`NONE
`
`NONE
`
`Class 028. First use: First Use: 1995/08/00 First Use In Commerce: 1995/08/00
`computer game software
`
`2166634
`
`Application Date
`
`05/24/1994
`
`06/16/1998
`
`Foreign Priority
`Date
`SONY COMPUTER ENTERTAINMENT
`
`NONE
`
`NONE
`
`Class 028. First use: First Use: 1998/02/01 First Use In Commerce: 1998/02/01
`computer game hardware
`
`2179675
`
`Application Date
`
`05/24/1994
`
`08/04/1998
`
`Foreign Priority
`Date
`SONY COMPUTER ENTERTAINMENT
`
`NONE
`
`NONE
`
`Class 028. First use: First Use: 1998/02/01 First Use In Commerce: 1998/02/01
`computer game hardware
`
`U.S. Registration
`No.
`Registration Date
`
`3022356
`
`12/06/2005
`
`Application Date
`
`11/20/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`SONY CLASSICAL
`
`NONE
`
`Class 035. First use: First Use: 1998/02/10 First Use In Commerce: 1998/02/10
`[ Electronic retailing services via computer featuring musical sound and video re-
`cordings and downloadable musical sound and video recordings; computerized
`on-line retail services featuring musical sound and video recordings and down-
`loadable musical sound and video recordings bymeans of a global computer
`network ]
`
`

`

`Class 038. First use: First Use: 1998/02/10 First Use In Commerce: 1998/02/10
`Electronic transmission of audio and video content featuring music and musical
`based entertainment via a global computer network; streaming of audio and
`video material on the Internet
`Class 041. First use: First Use: 1998/02/10 First Use In Commerce: 1998/02/10
`Production and distribution of digital online programs featuring audio and visual
`content and music and musical based entertainment; providing online entertain-
`ment namely, providing sound and video recordings in the field of music and
`musical based entertainment; providing a website over a global computer net-
`work featuring information on musical artists, tours of musical artists, sound re-
`cordings, popular culture and events and other music based entertainment in-
`formation
`
`Attachments
`
`2021-02-24 Notice of Opposition SONI POKE 88959665.pdf(2027113 bytes )
`
`Signature
`Name
`Date
`
`/Mark Sommers/
`Mark Sommers
`02/24/2021
`
`

`

` 
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`SONY CORPORATION,
`
`
`Opposer
`
`
`
`v.
`
`
`SONI POKE BOWL VENTURES LLC,
`
`
`Applicant
`
`
`
`
`
`Opposition No.
`
`
`Application Serial No. 88959665
`Mark: SONI POKE and Design
`Filed: June 11, 2020
`
`NOTICE OF OPPOSITION
`
`Opposer Sony Corporation (“Sony”), a corporation organized under the laws of Japan
`
`with a principal place of business at 1-7-1 Konan, Minato-ku, Tokyo, 108-0075, Japan,
`
`believes that it will be damaged by the registration of the mark SONI POKE and Design
`
`shown in Application Serial No. 88959665 and opposes the same.
`
`As grounds for its opposition, Sony alleges upon actual knowledge with respect to itself
`
`and its own acts, and upon information and belief as to other matters:
`
`Sony’s Famous SONY Name and Marks
`
`1.
`
`Founded in 1946, Sony is one of the world’s largest diversified businesses with a
`
`long history in the consumer and professional electronics field, including audio, video, computer
`
`game, and mobile phone products, electronic components, and medical-related equipment and
`
`professional solutions. Sony is also a widely known and leading entertainment company in the
`
`motion picture, television, music, gaming areas and online entertainment spaces.
`
`2.
`
`The SONY mark and name combines “Sonus” (the original Latin for “Sonic”
`
`meaning “sound”) with “Sonny” (a name used for a youthful boy). Sony selected the SONY
`
`mark for its simple pronunciation that is the same in any language.
`
` 
`
`

`

` 
`
`3.
`
` Sony’s principal business operations include Sony Corporation, Sony Pictures
`
`Entertainment, Sony Interactive Entertainment (former Sony Computer Entertainment), Sony
`
`Music Entertainment, Sony Mobile Communications, and Sony Financial Holdings. Worldwide
`
`company revenues across all business segments in fiscal year 2019 exceeded $80 billion.
`
`4.
`
`With respect to consumer and professional electronics, Sony has been long known
`
`for products that revolutionized the consumer electronics industry, including the WALKMAN,
`
`which was the world’s first stereo cassette player launched in 1979, the world’s first CD player,
`
`which Sony introduced in 1982, and the PLAYSTATION video game console, which was
`
`launched in 1995. More recent product successes include Sony’s BRAVIA LCD televisions,
`
`Handycam camcorders, F65 4K professional cameras and Cyber-shot compact cameras, α DSLR
`
`and XPERIA smartphones.
`
`5.
`
`The SONY brand enjoys substantial fame and renown in connection with
`
`entertainment services. Among other things, Sony has been involved in television and film
`
`production and distribution since 1989. Its consumer entertainment services are among the most
`
`well-known in the United States and throughout the world, and have been for decades. For
`
`instance, Sony produced or distributed a number of hit feature movies including City Slickers
`
`(1991), A League of Their Own (1992), A Few Good Men (1992), In the Line of Fire (1993),
`
`Legends of the Fall (1994), Jumanji (1995), Jerry Maguire (1996), As Good as it Gets (1997),
`
`Godzilla (1998), Gladiator (2000), Spider-Man (2002), Spider-Man 2 (2004), Hitch (2005), The
`
`Da Vinci Code (2006), 007 Casino Royale (2006), Spider-Man 3 (2007), 007 Quantum of Solace
`
`(2008), Angel & Demons (2009), Michael Jackson’s This is it (2009), The Social Network
`
`(2010), The Smurfs (2011), The Amazing Spider-Man (2012), 007 Sky Fall (2012), The
`
`Amazing Spider-Man 2 (2014), Whiplash (2015), 007 Spectre (2015), Ghostbusters (2016), The
`
`  2
`
`
`
` 
`
`

`

` 
`
`Emoji Movie (2017), Spider Man: Homecoming (2017), Jumanji: Welcome to the Jungle (2017),
`
`Peter Rabbit (2018), Venom (2018), Spider-Man: Far From Home (2019), and Once Upon a
`
`Time in Hollywood (2019).
`
`6.
`
`Sony has also been one of the world’s leading music entertainment companies for
`
`decades and has produced, distributed, and/or sold recordings from world-famous artists
`
`including Mariah Carey, Pearl Jam, Bruce Springsteen, Celine Dion, Pink Floyd, Luther
`
`Vandross, Gloria Estefan, Michel Jackson, Sade, Beyonce, Adele, One Direction, David Bowie,
`
`Meghan Trainor, Sia, Elvis Presley, Future, Maitre Gims, and Little Mix.
`
`7.
`
`Sony’s entertainment groups/offerings include, in part:
`
`Sony Pictures Entertainment - producer and distributor of a
`wide range of movies and television shows
`(https://www.sony.com/entertainment/movies-tv-shows)
`
`Sony Pictures Television - leading content provider that produces,
`distributes, and delivers programming in every genre around the
`world and for a multitude of platforms
`(https://www.sonypicturestelevision.com/home/#,
`https://sites.sonypicturestelevision.com/aboutspt.php)
`
`Sony Music Entertainment - Sony’s music label
`(https://www.sony.com/entertainment/music)
`
`Sony Interactive Entertainment - research, development and sales
`of PlayStation hardware, software, content and network services
`(https://www.sony.com/electronics/playstation)
`
`PlayStation Music - music distribution
`(https://www.playstation.com/en-us/network/music/)
`
`
`
` 
`
`
`
` 
`
`
`
` 
`
`
`
` 
`
`
`
` 
`
`
`
`PlayStation Video - movie and TV program streaming service
`(https://www.playstation.com/en-us/network/video/)
`
`The SONY brand has been extensively advertised and promoted in connection
`
`8.
`
`with Sony’s goods and services, including through retail stores, national television commercials,
`
`  3
`
`
`
` 
`
`

`

` 
`
`advertisements in magazines, newspapers, billboards, the Sony.com website, digital media,
`
`social media, and global sporting events such as the FIFA (Fédération Internationale de Football
`
`Association) World Cup (2007-2014), UEFA (Union of European Football Association)
`
`Champion’s League, the WTA (Women Tennis Association) tennis matches, and the PGA
`
`(Professional Golf Association) of America golf tournament. In addition, Sony has received
`
`significant unsolicited public attention through all types of media. For instance, Sony products
`
`have been featured in numerous national television programs, in popular motion pictures, in
`
`news wire reports, and press articles. Such media attention and substantial exposure to the
`
`consuming public have contributed to the universal public awareness and renown of Sony and
`
`the SONY trademark.
`
`9.
`
`As a result of Sony’s extensive distribution, tremendous investment in advertising
`
`and promotion, and substantial sales, the SONY mark has become one of the best known and
`
`most famous trademarks in the United States and around the world and, as such, is entitled to a
`
`broad scope of protection against infringing uses.
`
`10.
`
`Sony is the owner of, among others, the following United States trademark
`
`registrations for SONY and SONY-formative marks (collectively, the “SONY Marks”):
`
`Reg. No.
`Reg. Date
`
`0770275
`05-26-1964
`0785967
`03-02-1965
`
`0885860
`08-09-1968
`1207979
`09-14-1982
`
`Goods/Services
`Date of First Use in Commerce/Filing Basis
`
`Television cameras in Class 9
`First use in commerce: 03-30-1961
`Analysis apparatus and equipment-namely, data
`recorders in Class 9
`First use in commerce: 01-27-1962
`Crockery-namely, cups in Class 21
`First use in commerce: 07-20-1967
`Computers, word processors, Floppy Discs and
`Typewriters Adapted for Use with Data Recording
`Apparatus in Class 9
`Filing Basis: 44E
`
`  4
`
`
`
`Mark
`
`
`SONY
`
`SONY
`
`SONY
`
`SONY
`
` 
`
`

`

`Goods/Services
`Date of First Use in Commerce/Filing Basis
`
`Video Tape Recorders, Video Disc Players, Video
`Cameras, and Recorded Video Tapes in Addition to
`Unrecorded Video Tapes in Class 9
`First use in commerce: 08-00-1963
`Radios, televisions, tape recorders (sound recording and
`reproduction machines), and accessories and parts
`thereof, namely cabinet stands, carrying cases,
`rechargeable battery packs, car battery cords, antennas,
`hand straps and parts thereof; tape for tape recorders,
`reels for tape, audiotapes featuring music recital and
`educational programs, wired and wireless microphones,
`announcing machines, loudspeakers for stereophonic
`and monophonic sound reproduction, automatic-
`transformers, erasers of recorded tape, microphone-
`mixers, amplifiers, inverters, monoprinters, signal
`tracers, signal injectors, transistors, batteries, electric
`vacuum-tubes, converters (rectifier units for operation of
`battery radio), pickups; electric-communicating
`apparatus, namely, facsimile telephones and telephones
`with two way video transmitters; dictating m