I.Protect: Spotify vs. Spotter

On Jan. 4, 2024, Spotify filed with the Trademark Trial and Appeal Board of the United States Patent and Trademark Office an Opposition to the trademark application for “Spotter.” The Opposition states that the Opposer was formed in 2006 to engage in the business of developing and offering software and services for streaming music and other content.

In 2008, it launched the spotify.com website, where music, podcasts and other content can be streamed.

The Opposer owns the following trademark registrations: “Spotify,” “Spotify Active Audio,” and “Spotify Techbytes” for computer software for distribution of music and other audio, sound and television broadcasting of music and films via the Internet, and entertainment services.

The “Spotter” mark is applied for downloadable computer software for enabling and facilitating the buying, monetization, marketing, and optimization of content on digital platforms.

The Opposition argues that “Spotter” so resembles “Spotify” as to cause confusion in that the public will be misled into thinking that “Spotter” is in some way connected with, sponsored by, or affiliated with “Spotify.” (https://ttabvue.uspto.gov)