Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1115232 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. 5 - Professional and Radio and Micr ophone.pdf(131105 bytes ) Combined Ex 1 - 35.pdf(1510100 bytes ) Combined Ex 36 - 43.pdf(3903592 bytes ) Combined Ex 44 - 45.pdf(5581408 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD SONY CORPORATION, Opposition No. 91245851 Opposer Application Serial No. 87882260 v. Mark: SoniStream Filed: April 18, 2018 NEIL CAMPBELL, Applicant OPPOSER’S NOTICE OF RELIANCE NO. 5 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’s products and services provided to professionals and consumers in the broadcast, radio, and music recording industries. 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 in connection with Opposer’s professional and consumer broadcast, radio, and music products and services. 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 the overlap of the trade channels at issue. Exhibit Publication Date Article Title No. 1 The Oregonian 05-30-1989 Sony Offering a Real Earful New Powerful Radios Pick Their Way Through Cluttered Airwaves of Today Accent on Home Electronics 2 Billboard 05-01-1993 Sony Establishes Colossal N.Y. Studio For Own Acts 3 Billboard 05-08-1993 Looking Inside Sony's Studio Complex; A Room-By-Room Rundown Of Facility's Gear 4 The New York Times 05-10-1993 From Newsreels to Records: A New Home for Sony Music 5 Business Wire 05-24-1994 Sony chosen by The Associated Press to provide integrated international production system for APTV launch 6 Billboard 06-04-1994 MiniDisc Makes Inroads At Radio; Format Ideal For On-Air Apps, Stations Say 7 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 8 Business Wire 05-15-1995 Americans Two-Steppin' Out of Bed to Country Music; Sony Survey Finds Country To Be Favorite Wake-Up Music 9 PR Newswire 05-18-1995 Sony Offers Aspiring Musicians A Chance To Win Their Own Mini Home Recording Studio; Nationwide Contest Designed to Showcase Sony MiniDisc Format and Help Define the 'New Sound of Today' 10 Japan Economic 06-17-1997 Sony gets NBC Olympics technology Newswire contract 11 Billboard 02-21-1998 Sony's Varied Units Add Up To One Strong Firm Global Focus, Recent Label Realignments Paying Off 12 M2 Presswire 09-24-1998 AP/SONY AP and Sony collaborate on open newsroom system-video system integration 13 Business Wire 03-08-1999 Sony Announces Launch Into Videoconferencing Set-Top Market 2 Exhibit Publication Date Article Title No. 14 Business Wire 04-18-1999 Sony NAB Booth Features Collaborative MPEG Demonstrations With Avid, Sun Microsystems, FAST Multimedia, ASC Leitch, Vibrint Technologies, Quantel 15 PR Newswire 02-08-2000 Sony Marks 50 Years of Mastering Media Solutions; Electronics Pioneer Kicks Off 50th Anniversary of Recording Media Innovation at NAB 2000 16 Business Wire 04-09-2000 U.S. Armed Forces Radio and Television Service Awards $17 Million Contract to Sony; NAB2000 Booth No.L12107 17 PR Newswire 06-27-2000 Sony Takes PC Expo Attendees from 'Work To Play' With Host of AV/IT Solutions 18 Billboard 05-19-2001 Audio Track 19 Billboard 09-28-2002 Studios And Recording Equipment - Top- Performing Studios 20 PR Newswire 06-09-2003 Sony Licenses Waves' Audio Technology for Use in SonicStage Mastering Studio; Sony Integrates Three Waves Audio Processors to Be Shipped With VAIO PCs Worldwide 21 Business Wire 04-14-2005 Sony and GlowPoint Unveil the First Complete IP-based Video Communications Solution for Television Broadcasters 22 PR Newswire US 04-17-2005 Sony Takes The HD Highway To NAB 2005; HD Technology Covers an Array of Applications Including TV and Movie Production, Network News, Digital Cinema, Event Videography and Electronic Cinematography 23 Daily Variety 04-18-2005 Sony vaults forward in digital deal. 24 PR Newswire US 05-29-2007 Sony Sends a Clear Signal With New HD Radio(TM)-Enabled Table Radio and Mobile Tuner; Delivers Crystal Clear Radio in the Home and in the Car 25 The Online Reporter 06-02-2007 Sony dives into HD Radio; Sony XDR- S3HD digital tabletop radio and XT- 100HD automobile radio 3 Exhibit Publication Date Article Title No. 26 Business Wire 04-12-2010 -- NAB Show Attendees to be Greeted by NAB President and CEO Gordon Smith, Sony Executive Hiroshi Yoshioka, Michael J. Fox, and Astronauts Aboard the International Space Station --; -- NAB Show Attendees to be Greeted by NAB President and CEO Gordon Smith, Sony Executive Hiroshi Yoshioka, Michael J. Fox, and Astronauts Aboard the International Space Station -- 27 PR Newswire 01-07-2013 Introducing Xperia(TM) Z - The Best of Sony in a Premium Smartphone 28 PR Newswire 09-04-2013 Sony Introduces High-Resolution Audio Products Which Marry Convenience And Quality; New Two-Channel Audio Components Come to Market Supported by Major Music Labels and Artists 29 Engadget HD 09-04-2013 Sony's HDR-MV1 Music Video Recorder helps your band break out of the garage, into YouTube 30 FD (Fair Disclosure) 11-25-2013 Sony Corporation Entertainment Business Wire Briefing - Final 31 TechReleased.com 01-15-2014 Sony's New Professional Wireless Microphone System 32 PR Newswire 02-10-2014 NBC Olympics' Production Of The 2014 Winter Games In Sochi To Utilize Sony HD Broadcast Equipment; F55 4K Cameras, XDCAM HD Camcorders and Decks, HDC Studio Cameras, MVS Switchers and HD Displays Support NBC's Coverage to the United States 33 Sony Electronics 02-11-2014 NBC Olympics’ Production of the 2014 Winter Games in Sochi to Utilize Sony HD Broadcast Equipment 34 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 35 PR Newswire 04-13-2015 Sony and WGBH Boston Launch Public Media Management; Revolutionary New System Created to Serve Public Broadcast Needs 4 Exhibit Publication Date Article Title No. 36 www.sony.com 04-17-2016 Sony Goes Beyond Definition at NAB 2016 37 Definition Magazine 04-18-2016 SONY at NAB 2016 38 JD Supra 10-27-2016 NAB Agreement With Sony Brings Flexibility Back to Music Streaming 39 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 40 PR Newswire 04-07-2019 Sony Enhances "IP Live" Production Solutions with New Live Element Orchestrator and SDI-IP Converter Boards; Sony Empowers Resource Sharing across Multiple Locations to Support Broadcasters in Overcoming Budget and Productivity Challenges 41 www.youtube.com 04-18-2019 Sony Transforming Broadcast Stations | NAB 2019 42 Live Design 11-01-2019 KCRW Builds New State-of-The-Art Media Headquarters 43 www.nab.org 02-10-2021 Member Opt-In | Sony Waiver 44 www.youtube.com 02-10-2021 Sony Professional Solutions Americas 45 https://pro.sony/ue_US 02-10-2021 Studio Microphones - Sony Pro 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] 5 CERTIFICATE OF SERVICE I certify that a true and accurate copy of the foregoing OPPOSER’S NOTICE OF RELIANCE NO. 5 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 SONY OFFERING A REAL EARFUL NEW POWERFUL RADIOS PICK THEIR WAY THROUGH CLUTTERED AIRWAVES OF TODAYAccent on Home electronics The Oregonian (Portland, Oregon) May 30, 1989 Tuesday Fourth Edition Copyright 1989 The Oregonian All Rights Reserved Section: Living; Pg.