Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1129223
`04/23/2021
`
`ESTTA Tracking number:
`
`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
`
`DISH Network L.L.C.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`04/25/2021
`
`9601 S. MERIDIAN BLVD.
`ENGLEWOOD, CO 80112
`UNITED STATES
`
`IAN L. SAFFER
`ADSERO IP
`8210 SOUTHPARK TERRACE
`LITTLETON, CO 80120
`UNITED STATES
`Primary Email: efs@adseroip.com
`Secondary Email(s): ian@adseroip.com, kbohmann@adseroip.com, TDam-
`hoff@Adseroip.com, ameyer@adseroip.com
`303-268-0066
`
`Docket Number
`
`0726.157TMOP
`
`Applicant Information
`
`Application No.
`
`88714675
`
`Publication date
`
`10/27/2020
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`04/23/2021
`
`NONE
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`04/25/2021
`
`NONE
`
`NVIDIA Corporation
`2788 SAN TOMAS EXPRESSWAY
`SANTA CLARA, CA 95051
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable application programming in-
`terface (API) software for computer software for ray tracing and image rendering, modeling, and im-
`age manipulation and processing; Downloadable application programming interface (API) software
`for usein building software applications; artificial intelligence computers; artificial intelligence super-
`computers; Downloadable computer game software; computer hardware and downloadable software
`for professional designers, engineers, and scientists for advanced graphics processing and visual
`computing; computer hardware and downloadable software, and communications hardware and
`downloadable software for the operation, control, maintenance,and management of land vehicles,
`self-driving and autonomous land vehicles and land vehicle components, for land vehicle navigation,
`
`

`

`for travel and trip planning, for communications and for collecting, tracking, analyzing, and reporting
`data and information in the field of self-driving and autonomous land vehicles; computer monitors;
`Downloadable computer software development tools; Downloadable computer software for perform-
`ing computer graphics operations and improving graphical and video display capabilities; Download-
`able computer software for the display of digital media; computers; downloadable computer graphics
`software development tools for advanced graphics processing, for managing and implementing virtu-
`al desktop infrastructures, for virtualdesktops and applications, and for virtualization technology soft-
`ware; downloadable computer graphics; downloadable software for management of medical ima-
`ging;electronic computer vision accelerators, namely, artificial intelligence, machine learning, deep
`learning, high performance computing hardware and downloadablesoftware; electronic display inter-
`faces; electronic display screens; Downloadable electronic game software; electronic publications re-
`corded on computer media,in the nature of books, manuals, magazines e-zines and newsletters fea-
`turing information regarding electronic game devices and electronic games; Downloadable electronic,
`computer, interactive and video game software; flat panel display screens; graphics processing units
`(GPUs); graphics software; Computer hardware anddownloadable computer software for detecting
`objects, user gestures and commands; Computer hardware and downloadable computer software for
`medical imaging apparatus; Computer hardware and downloadable computer software for operating
`sensordevices; integrated circuit components for graphics and video systems, namely, multimedia
`accelerators, graphic accelerators and peripheral units; integrated circuits for enhancing graphical
`and video display; integrated circuits, semiconductors and computer chipsets; integratedcircuits; li-
`quid crystal display (LCD) monitors; liquid crystal display (LCD); self-driving and autonomous land
`vehicleelectronic downloadable computing platform; self-driving and autonomous land vehicle elec-
`tronic driving system and equipment in the nature of artificial intelligence, machine learning, deep
`learning,high performance computing, and simulation software and hardware ; semiconductors; elec-
`tronic sensors for monitoring physical movements; simulation, modeling and data processing soft-
`ware for use in maximizing graphics processing and performance; software and computer hardware
`featuring artificial intelligence for use in machine learning, deep learning, natural language genera-
`tion, statistical learning, supervised learning, un-supervised learning, data mining, predictive analytics
`and business intelligence; Downloadable software and firmware for enablingelectronic devices to
`share data and communicate with each other; Downloadable software and firmware for operating
`system programs; Downloadable software and hardware that facilitates data transmission, data col-
`lection, data analysis, and decision-making; Downloadable software development kits (SDKs) con-
`sisting of software for ray tracing and image rendering, modeling, and image manipulation and pro-
`cessing; Downloadable software development tools; Downloadable software for 3D-visualization, 3D
`modeling and 3D rendering; Downloadable software for advanced graphics processing and visual
`computing; Downloadable software for enhancement of graphical and video display; Downloadable
`software for enhancing computer performance, for operation of integrated circuits, semiconductors,
`computer chipsets and micro-processors, and for gamingpurposes; Downloadable software for image
`rendering, modeling, and image manipulation and processing; software for artificial intelligence, ma-
`chine learning, deep learning, natural language generation, statistical learning, supervised learning,
`un-supervised learning, data mining, predictive analytics and business intelligence; Downloadable
`software for management, storage and network management of digital media, and enhancement of
`graphical and video display; Downloadable software for management, storage and network manage-
`ment of digital media; Downloadable software for modifying and enabling transmission of images, au-
`dio, audio visual and video content and data; Downloadable software for operating and managing in-
`tegrated circuit components; Downloadable software for post processing images, graphics and text;
`Downloadable software for processing images, graphics, audio, video, and text; Downloadable soft-
`ware for professional designers, engineers, and scientists for advanced graphics processing and
`visual computing; Downloadable software for ray tracing and imagerendering, modeling, and image
`manipulation and processing; Downloadable software for use as an application programminginterface
`(API); Downloadable software for use in operating artificial intelligence platforms; Downloadable soft-
`ware, namely, knowledge-based artificial intelligence platforms, data analytics platforms, and auto-
`mation platforms for use in the fields of advanced visualization, data acquisition, data analysis, data
`integration, artificial intelligence, machine learning, deep learning, high performance computing, dis-
`tributed computing, virtualization, natural language generation, statistical learning, supervised learn-
`ing, un-supervised learning, data mining, predictive analytics and business intelligence; software,
`namely, an interpretive interface for facilitating interaction between humans and machines; super-
`computers; system-on-chip processors; Downloadable video game software; software and hardware
`for data centers and data storage software and computer hardware fordata centers and data storage
`
`

`

`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Advanced product research in the field of
`artificial intelligence; application service provider (ASP) services featuring application programming
`interface (API) software for ray tracing and image rendering, modelling, and image manipulation and
`processing; cloud computing services, namely, consulting in the field of cloud computing and cloud
`hosting provider services; cloud computing featuring software for use in managing, gathering and or-
`ganizing data, medical images, and information in the field of medical clinical trials and medical re-
`search; cloud-based supercomputing featuring software for use in the fields of artificial intelligence,
`machine learning, deep learning, high performance computing, distributed computing, virtualization,
`natural language generation, statistical learning, supervised learning, un-supervised learning, data
`mining, predictive analytics and business intelligence; computer programming services for customers
`that enable the customers' digital and handheld devices to download and utilize games and entertain-
`ment related content; computer software design, computer programming, or maintenance of com-
`puter software; consulting services in the field of gaming technology development and graphics soft-
`ware; design and development of computer hardware and software; design and development of com-
`puter hardware and software in the fields of artificial intelligence, machine learning, deep learning,
`and deep neural networks; design and development of computer hardware and software inthe fields
`of self-driving and autonomous land vehicle electronic computing platforms and systems; design and
`development of computer software for use with medical technology; design and development of com-
`puter software for vehicle simulation; design and development of software for fine-tuning, develop-
`ment, diagnostics for vehicles, calibration, configuration and diagnostics of electronic systems; design
`of computer hardware, software and peripherals for others; design, development, customization, in-
`tegration, andmaintenance of computer software; Technical support services, namely, troubleshoot-
`ing of computer software problems; design, programming or maintenance of artificial intelligence soft-
`ware; designing and developing computer game software and video game software; designing of ma-
`chines, apparatus, instruments, including their parts, or systems composed of suchmachines, appar-
`atus and instruments; development of computer hardware for use in connection with electronic and
`interactive multimedia games; electronic and interactive multimedia game development services;
`electronic storage of data; graphics design services, namely, creating 3D content, 3D product render-
`ings, photorealistic renderings and models; image processing software design; industrial analysis and
`research services in the fieldof vehicle technology, vehicle simulations and vehicle test stands; med-
`ical andscientific research in the field of medical imaging; providing online non-downloadable soft-
`ware for 3D-visualization, 3D modelling and 3D rendering; providing online non-downloadable soft-
`ware for autonomous vehicle simulation; providing online non-downloadable software for computer
`graphics; providing online non-downloadable software for data management, analytics and pattern
`and activity recognition; providing online non-downloadable software for detecting objects, user ges-
`tures and commands; providing online non-downloadable software for enhancing computer perform-
`ance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors;
`providing online non-downloadable software for facilitating interaction between humans and ma-
`chines; providing online non-downloadable software featuring artificial intelligence, machine learning,
`deep learning, and deep neural networks; providingonline non-downloadable software featuring artifi-
`cial intelligence, machine learning, deep learning, natural language generation, statistical learning,
`supervised learning, un-supervised learning, data mining, predictive analytics and business intelli-
`gence; providing online non-downloadable software for object tracking, motion control and content
`visualization; providing online non-downloadable software for operating sensor devices; providing on-
`line non-downloadable softwarefor others to use for the development of software for self-driving and
`autonomous land vehicle electronic computing platforms and systems; providing online non-
`downloadable software for processing images, graphics, audio, video, and text; providing online non-
`downloadable software for the operation, control, maintenance, and management of land vehicles,
`self-driving and autonomous land vehicles and land vehicle components, for land vehicle navigation,
`for travel and trip planning, for communications and for collecting, tracking, analyzing, and reporting-
`data and information in the field of self-driving and autonomous land vehicles;providing online non-
`downloadable software for sharing, receiving, downloading,interacting with and transferring content,
`text, visual works, audio works, audio-visual works, literary works, data, files, documents and elec-
`tronic works; Application service provider featuring non-downloadable software for use as application
`programming interfaces (API); providing online non-downloadable software for use in electronic stor-
`age of data; providing online non-downloadable softwarefor use in visual, voice, audio, motion, eye
`and gesture tracking and recognition; providing online non-downloadable software for virtual, aug-
`mented reality applications and environments; providing online non-downloadable cloud computing
`software for use in managing, gathering and organizing data, medical images, and information in the
`
`

`

`field of medical clinical trials and medical research; providing online non-downloadable cloud-based
`software for use with a supercomputer; providing online non-downloadable software for use in man-
`aging, gathering and organizing data, medical images, and information in the field of medical clinical
`trials and medical research; platform as a service (PaaS) featuring computer software platforms for
`downloading, storing,viewing, playing and interacting with digital content and computer software ap-
`plications; platform as a service (PaaS) featuring computer software platforms for downloading, stor-
`ing, viewing, playingand interacting with digital content, computer and video games and computer
`software applications; platform as a service (PaaS) featuring computer software platforms featuring
`artificial intelligencefor natural language processing, machine learning, voice command and recogni-
`tion, converting speech to text, data analytics; platform as a service (PaaS) featuring knowledge-
`based artificial intelligence computer software platforms for usein the fields of artificial intelligence,
`machine learning, deep learning, highperformance computing, distributed computing, virtualization,
`natural language generation, statistical learning, supervised, learning, un-supervised learning, data
`mining, predictive analytics and business intelligence for data analytics software platforms, and auto-
`mation software platforms; platform as a service (PaaS) featuring software platforms for electronic
`gaming and graphic design; platform as a service (PaaS) featuring software platforms for transmis-
`sion of images, audio-visual content, video content and messages; Application service provider fea-
`turing application programming interface (API) software for use in transmission of audio, video, im-
`ages, text, contentand data; providing artificial intelligence computer programs for use in collecting,
`analyzing and reporting of data ondata networks; providing cloud computing services featuring soft-
`ware for use inapplication development for entertainment, social, financial, business collaborative,
`gaming, and integration of private and public cloud computing environments; providing online non-
`downloadable computer programs for use in collecting, analyzing and reporting of data on data net-
`works; providing computer software technical support services, technical information and technical
`support in the nature of troubleshooting of computer software problems regarding software patches,
`upgrades and updates; providing computer technology information from searchable indexes and
`databases of information, including text, electronic documents, databases, graphics, electronic me-
`dia, imagesand audio visual content via the internet and communication networks; providingtempor-
`ary use of non-downloadable software for image rendering, modelling, and image manipulation and
`processing; providing temporary use of non-downloadable software featuring artificial intelligence for
`use in machine learning, deep learning, natural language generation, statistical learning, supervised
`learning, un-supervised learning, data mining, predictive analytics and business intelligence; provid-
`ing temporary use of non-downloadable software for ray tracing and image rendering, modelling, and
`image manipulation and processing; providing online non-downloadable personal assistant software,
`namely, wireless communication software for voice, audio, video, and data transmission; providing
`online non-downloadable social assistant software, namely, wireless communication software for
`voice, audio, video, and data transmission; providing software technological support services in the
`nature of troubleshooting computer software problems and consultation in the fields of software, de-
`velopment and use of computer hardware; providing temporary use of non-downloadable computer
`software enabling hardware and electronic devices to communicate with each other; providing tem-
`porary use ofnon-downloadable computer software for computer graphics; providing temporary use of
`non-downloadable computer softwarefor enhancing computer performance, foroperation of integrated
`circuits, semiconductors, computer chipsets and micro-processors, and for gaming purposes; provid-
`ing temporary use of non-downloadable interactive entertainment software for use in the fields of arti-
`ficial intelligence, machine learning, deep learning, high performance computing, image feature ex-
`traction, natural language processing,supervised learning, un-supervised learning, predictive analyt-
`ics, software development, edge computing, fog computing,decentralized computing, Internet of
`Things, and computer and telecommunications networks; providing temporary use of non-
`downloadable software enabling hardware and electronic devices to share data and communicate
`with each other; providing temporary use of non-downloadable cloud-based software for use in the
`management of medical imaging data; providing temporary use of on-line non-downloadablesoftware
`for accessing and using a cloud computing network; providing virtual computer systems and virtual
`computer environments through cloud computing; providing virtual computer systems and virtual
`computer environments through cloud computing; providing virtual computer systems, virtual graph-
`ics processing units (GPUs), and virtual computer environmentsthrough cloud computing; research
`and design in the field of vehicle technology, vehicle simulation and vehicle testing; scientific and
`technological services and research and design relating thereto; software as a service (SaaS) ser-
`vices featuring computer software for others to use for the development of software for self-driving
`and autonomous land vehicle electronic computing platforms and systems; software as a service
`(SaaS) featuring computer software platforms for artificial intelligence; software as a service (SaaS)
`
`

`

`services featuring software in the field of electronic control systems for land motor vehicles; software
`as a service (SaaS) services featuring software in the field of self-driving and autonomous land
`vehicle and self-driving and autonomous land vehicle component operation, control, maintenance,
`managementand communication; software as a service (SaaS) services featuring software platforms
`for graphic design; software as aService (SaaS) services featuring software featuring artificial intelli-
`gence for use in machine learning, deep learning, and deep neural networks; software as a service
`(SaaS) services featuring software for use in managing, gathering and organizing data, medical im-
`ages, and information in the field of medical clinical trials and medical research; software develop-
`ment; providing online non-downloadable software for integrating electronic data with real world en-
`vironments forthe purpose of capturing, processing, and visualizing modelling and placement of
`goods of others and visual image markers; software platform for software development featuring soft-
`ware development kits (SDKs); technical support services, namely, troubleshooting in the nature of
`diagnosing computer hardware and software problems; computer services, namely, management
`and optimization of software and hardware operation for data centers; consulting services, namely,
`data centerdesign and management, computer application deployment and consolidation; providing
`online non-downloadable software featuring software for monitoring and managing data centers and
`cloud-based and virtualized computing environments
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4155801
`
`Registration Date
`
`06/05/2012
`
`Word Mark
`
`Design Mark
`
`HOPPER
`
`Application Date
`
`09/06/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/01/09 First Use In Commerce: 2012/03/15
`Digital video recorders; Electronic apparatus and devices for controlling access
`to pay-television services; communications equipment, namely, set-top boxes
`for receiving video programming; Television receivers; satellite receivers; set-top
`boxes; universal remote controls for home electronic devices, namely, televi-
`sions, VCRs, DVD players, digital video recorders, satellite receivers, stereo re-
`ceivers, and stereo amplifiers; Computer hardware and software for streaming
`audio, video, image and data information to a variety of network devices,
`namely, personal computers, mobile phones, personal digital assistants (PDA),
`and stand-alone hardware decoders, namely, audio decoders and video de-
`coders; electronic devices, namely, digital media streaming devices
`
`U.S. Registration
`No.
`
`4377209
`
`Application Date
`
`12/05/2011
`
`

`

`Registration Date
`
`07/30/2013
`
`Word Mark
`
`Design Mark
`
`HOPPER
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word "hopper" to the left of an image of a kangaroo.
`
`Class 009. First use: First Use: 2012/01/00 First Use In Commerce: 2012/01/00
`Digital video recorders; Electronic apparatus and devices for controlling access
`to pay-television services; communications equipment, namely, set-top boxes
`for receiving video programming; Television receivers; satellite receivers; set-top
`boxes; universal remote controls for home electronic devices, namely, televi-
`sions, VCRs, DVD players, digital video recorders, satellite receivers, stereo re-
`ceivers, and stereo amplifiers; Computer hardware and software for streaming
`audio, video, image and data information to a variety of network devices,
`namely, personal computers, mobile phones, personal digital assistants (PDA),
`and stand-alone hardware decoders, namely, audio decoders and video de-
`coders; electronic devices, namely, digital media streaming devices
`
`U.S. Registration
`No.
`
`4631381
`
`Registration Date
`
`11/04/2014
`
`Word Mark
`
`Design Mark
`
`HOPPER
`
`Application Date
`
`01/29/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word "hopper" to the left of an image of a kangaroo.
`
`Class 028. First use: First Use: 2012/01/24 First Use In Commerce: 2012/01/24
`Articles of clothing for toys; Stuffed and plush toys
`
`U.S. Registration
`No.
`
`5051410
`
`Application Date
`
`01/27/2016
`
`Registration Date
`
`09/27/2016
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`HOPPERGO
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2016/05/26 First Use In Commerce: 2016/05/26
`Computer hardware and software for streaming audio, video, image and data in-
`formation to a variety of network devices, namely, personal computers, mobile
`phones, personal digital assistants (PDA), and tablets; electronic devices,
`namely, digital media streaming devices; digital video recorders; electronic
`devices for accessing pay-television services; communications equipment,
`namely, video programming receivers and playback devices
`
`U.S. Registration
`No.
`
`5667449
`
`Registration Date
`
`01/29/2019
`
`Word Mark
`
`Design Mark
`
`HOPPER DUO
`
`Application Date
`
`01/04/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2018/01/16 First Use In Commerce: 2018/01/16
`Digital video recorders; electronic apparatus and devices for controlling access
`to pay-television services; communications equipment, namely, set-top boxes
`for receiving video programming; television receivers; satellite receivers; set-top
`boxes; universal remote controls for home electronic devices, namely, televi-
`sions, VCRs, DVD players, digital video recorders, satellite receivers, stereo re-
`ceivers, and stereo amplifiers; computer hardware and software for streaming
`audio, video, image and data information to a variety of network devices,
`namely, personal computers, mobile phones, personal digital assistants (PDA),
`and stand-alone hardware decoders, namely, audio decoders and video de-
`coders; electronic devices, namely, digital media streaming devices
`
`U.S. Application
`No.
`
`90189396
`
`Application Date
`
`09/17/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`HOPPER PLUS
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Television receivers; video processors;computer hardware
`
`90189376
`
`Application Date
`
`09/17/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`HOPPER 2 PLUS
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Television receivers; video processors;computer hardware
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications services, namely, video and audio broadcasting services,
`webcasting services, and streaming of data;transmission of multimedia, televi-
`sion,subscription television, pay-per-view and video-on-demand content via
`satelliteand terrestrial transmission, cable, fiber-optic, the internet, wired and
`wireless global computer networks, and electronic communications networks;
`leasing oftelecommunication equipment, namely, television receivers, set-top
`boxes, and DVRs
`
`U.S. Application
`No.
`
`90189386
`
`Application Date
`
`09/17/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`HOPPER 3 PLUS
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Television receivers; video processors;computer hardware
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications services, namely, video and audio broadcasting services,
`webcasting services, and streaming of data;transmission of multimedia, televi-
`sion,subscription television, pay-per-view and video-on- demand content via
`satellite and terrestrial transmission, cable, fiber-optic, the internet, wired and
`wireless global computer networks, and electronic communications networks;
`leasing of telecommunication equipment, namely, television receivers, set-top
`boxes, and DVRs
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`Common law rights in HOPPER-formative marks as described in the
`Notice of Opposition.
`
`Goods/Services
`
`Goods and services as listed in the Notice of Opposition.
`
`Attachments
`
`85415859#TMSN.png( bytes )
`85487628#TMSN.png( bytes )
`86178878#TMSN.png( bytes )
`86888198#TMSN.png( bytes )
`87743806#TMSN.png( bytes )
`90189396#TMSN.png( bytes )
`90189376#TMSN.png( bytes )
`90189386#TMSN.png( bytes )
`Notice_of_Opposition.pdf(4128662 bytes )
`
`Signature
`
`/ils/
`
`Name
`
`Date
`
`IAN L. SAFFER
`
`04/23/2021
`
`

`

` TTAB
`
`Atty. File No. 0726.157-OPP
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 88714675
`Published in the Official Gazette on October 27, 2020
`DISH Network L.L.C.
`
`
`
`v.
`
`NVIDIA Corporation,
`
`Applicant.
`
`
`Opposition No.
`
`
`
`)))))))))))
`
`Opposer,
`
`
`
`NOTICE OF OPPOSITION
`
`DISH Network L.L.C. (“Opposer”) believes that it will be damaged by registration of the
`
`mark shown in Application Serial No. 88714675 and therefore opposes the same. As grounds
`
`for opposition, Opposer alleges:
`
`1.
`
`DISH Network L.L.C. is a Colorado Limited Liability Company with a place of
`
`business at 9601 S. Meridian Blvd., Englewood, Colorado 80112.
`
`2.
`
`Opposer owns the following valid and subsisting U.S. trademark registrations and
`
`applications on the Principal Register:
`
`MARK
`
`REG. /
`APP. NO.
`
`HOPPER
`
`4155801
`
`GOODS/SERVICES
`
`IC 009: Digital video recorders; Electronic
`apparatus and devices for controlling access
`to pay-television services; communications
`equipment, namely, set-top boxes for
`receiving video programming; Television
`
`1
`
`FILING
`DATE
`
`September 6,
`2011
`
`FIRST
`USE
`DATE
`March 15,
`2012
`
`
`
`

`

`FILING
`DATE
`
`FIRST
`USE
`DATE
`
`December 5,
`2011
`
`January
`2012
`
`January 29,
`2014
`
`January
`24, 2012
`
`January 27,
`2016
`
`May 26,
`2016
`
`MARK
`
`REG. /
`APP. NO.
`
`GOODS/SERVICES
`
`receivers; satellite receivers; set-top boxes;
`universal remote controls for home electronic
`devices, namely, televisions, VCRs, DVD
`players, digital video recorders, satellite
`receivers, stereo receivers, and stereo
`amplifiers; Computer hardware and software
`for streaming audio, video, image and data
`information to a variety of network devices,
`namely, personal computers, mobile phones,
`personal digital assistants (PDA), and stand-
`alone hardware decoders, namely, audio
`decoders and video decoders; electronic
`devices, namely, digital media streaming
`devices.
`IC 009: Digital video recorders; Electronic
`apparatus and devices for controlling access
`to pay-television services; communications
`equipment, namely, set-top boxes for
`receiving video programming; Television
`receivers; satellite receivers; set-top boxes;
`universal remote controls for home electronic
`devices, namely, televisions, VCRs, DVD
`players, digital video recorders, satellite
`receivers, stereo receivers, and stereo
`amplifiers; Computer hardware and software
`for streaming audio, video, image and data
`information to a variety of network devices,
`namely, personal computers, mobile phones,
`personal digital assistants (PDA), and stand-
`alone hardware decoders, namely, audio
`decoders and video decoders; electronic
`devices, namely, digital media streaming
`devices.
`IC 028: Articles of clothing for toys; Stuffed
`and plush toys.
`
`IC 09: Computer hardware and software for
`streaming audio, video, image and data
`information to a variety of network devices,
`namely, personal computers, mobile phones,
`personal digital assistants (PDA), and tablets;
`electronic devices, namely, digital media
`streaming devices; digital video recorders;
`electronic devices for accessing pay-television
`services; communications equipment, namely,
`video programming receivers and playback
`devices.
`
`2
`
`
`
`
`
`4377209
`
`4631381
`
`5051410
`
`
`
`
`
`
`HOPPERGO
`
`
`
`
`

`

`FILING
`DATE
`
`January 4,
`2018
`
`FIRST
`USE
`DATE
`January
`16, 2018
`
`September
`17, 2020
`September
`17, 2020
`
`September
`17, 2020
`
`
`
`
`
`
`
`MARK
`
`REG. /
`APP. NO.
`
`HOPPER DUO 5667449
`
`HOPPER
`PLUS
`HOPPER 2
`PLUS
`
`90189396
`
`90189376
`
`HOPPER 3
`PLUS
`
`90189386
`
`GOODS/SERVICES
`
`IC 09: Digital video recorders; electronic
`apparatus and devices for controlling access
`to pay-television services; communications
`equipment, namely, set-top boxes for
`receiving video programming; television
`receivers; satellite receivers; set-top boxes;
`universal remote controls for home electronic
`devices, namely, televisions, VCRs, DVD
`players, digital video recorders, satellite
`receivers, stereo receivers, and stereo
`amplifiers; computer hardware and software
`for streaming audio, video, image and