March 5, 2022
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To put it bluntly, Potify is too similar to Spotify. That was what the Trademark Trial and Appeal Board held when it refused to register the trademark Potify as an app for cannabis dispensaries.
Spotify, the streaming giant, argued that the Potify brand dilutes the Spotify brand by association. As reported by EDMTunes, Spotify successfully established that Potify was “blurring and tarnishing” the former’s brand. The Board found that the only difference between the two marks was the “S” at the beginning of Spotify.
The CEO of Potify denied any association, claiming “the Spotify name did not come to mind when developing the name.” The Potify app connects users to local dispensaries for cannabis delivery.
The Board did not find that any association between to the two companies had or will occur. Nevertheless, because of the similarity in look, sound, structure, cadence, and essential nature of the marks, the Board did not discount the possibility that an association would occur.
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Authors: Hannah Johnson and Jaclyn Tilak