Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1115242 Filing date: 02/18/2021 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91245851 Party Plaintiff Sony Corporation Correspondence MARK SOMMERS Address FINNEGAN HENDERSON FARABOW GARRETT & DUNNER LLP 901 NEW YORK AVENUE NW WASHINGTON, DC 20001 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], [email protected] 202-408-4000 Submission Plaintiff's Notice of Reliance Filer's Name Mark Sommers Filer's email [email protected], [email protected], [email protected], [email protected], TTAB-Leg- [email protected] Signature /Mark Sommers/ Date 02/18/2021 Attachments 2021-02-18 Notice of Reliance No. 6 - Licensing- with exhibits.pdf(567138 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Opposition No. 91245851 SONY CORPORATION, Opposer Application Serial No. 87882260 Mark: SoniStream v. Filed: April 18, 2018 NEIL CAMPBELL, Applicant OPPOSER’S NOTICE OF RELIANCE NO. 6 UNDER 37 CFR § 2.122(e) Pursuant to Trademark Rule 2.122(e) and TBMP § 704.08, Opposer Sony Corporation submits of record in connection with this opposition proceeding a representative sample of articles from printed publications available to the general public in libraries, on the LEXIS NEXIS database, and in publications of general circulation (see In re Cell Therapeutics, Inc., 67 USPQ2d 1795, 1798 (TTAB 2003)), along with documents constituting “Internet Materials” under Trademark Rule 2.122(e), relating to Opposer licensing its music and other content in connection with its SONY brand for professional and consumer broadcasts. This evidence is relevant to the issues of likelihood of confusion and dilution, and shows, among other things, the nature and extent of the public exposure and recognition that Opposer’s SONY brand has received over many years through Opposer’s licensing of its music and other content for professional and consumer use. As such, the evidence supports the strength and fame of the SONY mark. This evidence also shows the nature of Opposer’s goods and services, use of the SONY mark in connection with Sony’s goods and services, and the trade channels for Sony’s goods and services. As such, the evidence supports the relatedness of the parties’ goods and services and the overlap in the trade channels at issue. Exhibit Publication Date Article Title No. 1 Billboard 01-07-1995 CES Provides Music to Ears of Audio Industry; The Show is Home to a Range of Cutting-Edge Formats, Multi-Channel Speakers and High-End Home Theater 2 Business Wire 02-18-1997 Country Music Superstar LeAnn Rimes Signs Licensing Agreement with Sony Signatures 3 Discount Store 06-02-1997 Popular Kids’ Properties Raise Licensing Show News Expectations 4 Business Wire 04-14-1999 Sony Music Online Debuts New Licensing Web Site 5 PR Newswire 03-16-2000 Sony Music Entertainment and Vidnet.com Sign Music Video License; Sony Takes Equity Stake in Entertainment Boulevard, Inc. – Correction Appended 6 PR Newswire 05-02-2001 Loudeye and Sony Music Sign Licensing Agreement for Music Sample Streaming Rights 7 Business Wire 06-20-2001 Premium Wireless Services Clinches Music Licenses from Sony Music from Mobile Phone Ringtones 8 Internet Wire 02-19-2002 Muze and Sony Music Entertainment Sign Licensing Agreement; Agreement Gives Muze Rights to Digitize Sony Music Titles for Streaming Audio Samples 2 Article Title Exhibit Publication No. Date 9 PR Newswire 04-17-2005 Sony Takes the HD Highway to NAB 2005; HD US Technology Covers an Array of Applications Including TV and Movie Production, Network News, Digital Cinema, Event Videography and Electronic Cinematography 10 Wireless News 10-18-2007 MySpace and Sony BMG Music Entertainment Sign New Licensing Pact 11 Business Wire 10-22-2007 SpiralFrog Signs Licensing Agreement with Sony/ATV Music Publishing – Ad Supported Music Service Licenses One of the World’s Leading Music Publishers - 12 FD (Fair 11-25-2013 Sony Corporation Entertainment Business Disclosure) Briefing - Final Wire 13 PR Newswire 04-06-2014 At NAB 2014, Sony Unites Products, Systems and Services to Give Content Creators New Ways to Express Themselves; Sony Provides End-to- End 4K Solutions for Professional Production and Content Creation Applications 14 Pivotal 09-29-2015 Global Eagle Sign Global Licensing Agreement Sources with Sony Music Entertainment 15 Business Wire 11-05-2015 Sony/ATV Music Publishing and Pandora Sign Unprecedented Licensing Agreement 16 The New York 03-19-2016 SoundCloud and Sony in Licensing Deal Times 17 Entertainment 04-24-2017 Jessie James Decker Set to Headline Licensing Close-Up Expo Opening Night Party Co-Hosted by Sony Music 18 International 07-12-2017 Spotify Strikes Licensing Deal with Sony Music Business Times – US Ed. 19 Engadget HD 01-08-2018 Facebook Strikes Music Licensing Deal with Sony 3 Article Title Exhibit Publication No. Date 20 PR Newswire 04-07-2019 At NAB 2019, Sony Unveils Products, Solutions and Workflows That Are “Powering Today and Transforming Tomorrow”; Sony is Strengthening Its Commitment to the Media Industry’s Needs, Making 4K and 8K Resolution, High Dynamic Range, High Frame Rate, IP and Cloud Even More Accessible 21 License! 08-01-2019 Top 150 GLOBAL Licensors: The New Class: Global License Global’s Annual Report Tracks the Retail Sales of Licensed Merchandise from the World’s Most Powerful Brands Across Every Segment of Consumer Products. (Top 150 Global Licensors)(Company Rankings) 22 Billboard 11-02-2020 TikTok Signs Licensing Deal with Sony Music, Hiking Payouts to Labels Dated: February 18, 2021 Respectfully submitted, / Mark Sommers / Mark Sommers Naresh Kilaru Jessica L. Hannah FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue N.W. Washington, DC 20001 (202) 408-4000 [email protected] [email protected] [email protected] [email protected] [email protected] Attorneys for Opposer 4 CERTIFICATE OF SERVICE I certify that a true and accurate copy of the foregoing OPPOSER’S NOTICE OF RELIANCE NO. 6 UNDER 37 CFR § 2.122(e) was served by e-mail on this 18th day of February 2021 on Neil Campbell at the following address of record: NEIL CAMPBELL 1038 5TH STREET #A SANTA MONICA, CA 90403 [email protected] / Judy Valusek / Trademark Legal Assistant Exhibit 1 CES Provides Music To Ears Of Audio Industry; The Show Is Home To A Range Of Cutting-Edge Formats, Multi-Channel Speakers And High-End Home Theater Billboard January 7, 1995 Copyright 1995 Billboard Publications, Inc. Section: WINTER CES; Spotlight; Pg. 89 Length: 1493 words Byline: BY STEVE TRAIMAN Body "Music is the whole purpose of this audio industry, and all of us are strictly at the service of that commodity. We're slaves to the creators, and our task is to bring that experience into the home, recreating that live experience." So says Thiel Audio Products' part-owner and president, Kathy Gornick, who is a member of the board of directors of the Electronics Industry Assn./Consumer Electronics Group and chair of the Specialty Audio Subdivision. The loudspeaker manufacturer's message will come across loud and clear at the upcoming Winter Consumer Electronics Show, Jan. 6-9 in Las Vegas. Among highlights of interest to record-industry attendees are at least eight confirmed demonstrations of Dolby's multi-channel Surround (Sound) AC-3 circuity; third-generation portable, car and hi-fi MiniDisc (MD) players and player/recorders from Sony and others; and new 18-bit personal stereo and hi-fi Digital Compact Cassette (DCC) models from Philips Consumer Electronics. "We have broadened our line -- as have many other hi-fi companies -- to accommodate a growing market for multi- channel audio," Gornik observes. "As more new music is released in multi-channel formats, the market as a whole is forecasting double-digit growth for speakers and any components related to home theater. "The outlook for high-performance products is extremely positive once we -- and the consumer -- get past [thinking of] music as only a "two-channel" experience. Home theater is a great opportunity for bringing the message of high-performance audio and video to a greater audience." HIGH-END HOME-THEATER Both the Mirage and Sahara hotels are centers for high-end audio and home-theater exhibits, with a growing number of new multi-channel recordings expected to be heard throughout the halls. Several high-end audio workshops are expected to draw retailer interest, including "Home Theater Leader Or Audio Skid Mark?" moderated by Corey Greenberg of Home Theater Technology magazine and "Selling The High-End Home Theater Experience," moderated by Andy Regan of Transparent Audio. Also scheduled are "Editorial Roundtable: What's Hot For '95," chaired by Michael Fremer of Absolute Sound, and "What Dealers Want From Manufacturers," moderated by Steve Saunder of High Performance Review. Larry Poor, Dolby Labs' director of technology marketing, reports eight confirmed Dolby Surround AC-3 demos at CES, from Pioneer, Denon, Yamaha, Kenwood, Enlightened Audio Designs (EAD), JBL/Runco, Perreaux and Audio Design Associates (ADA). He expects a "semi-production" model from EAD and laserdisc players from Page 2 of 3 CES Provides Music To Ears Of Audio Industry;The Show Is Home To A Range Of Cutting-Edge Formats, Multi-Channel Speakers And High-End Home Theater Pioneer and others in the first quarter. Stand-alone and component AC-3 decoders and demodulators are expected in the second half of the year. "With the new AC-3 circuitry, six channels of information [left, center, right, left surround, right surround and bass effect] can be folded into one," Poor explains.