Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1175261
`11/29/2021
`
`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
`
`Sportsline.com Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/28/2021
`
`51 WEST 52ND STREET
`NEW YORK, NY 10019
`UNITED STATES
`
`ARYN EMERT
`VIACOMCBS LAW
`51 WEST 52ND STREET
`NEW YORK, NY 10019
`UNITED STATES
`Primary Email: trademarks@viacomcbs.com
`Secondary Email(s): aryn.emert@viacomcbs.com,
`elena.vetere@viacomcbs.com, mallory.levitt@viacomcbs.com
`212-975-4321
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88373400
`
`Publication date
`
`06/01/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`11/29/2021
`
`Opposition Peri-
`od Ends
`
`11/28/2021
`
`Pinbet Malta Limited
`LEVEL 4/PENTHOUSE SUITE 2
`BIRKIRKARA, BKR9034
`MALTA
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Casinos; Entertainment services, namely,
`casino gaming; Gaming services in the nature of casino gaming; Gaming servicesin the nature of
`providing online internet casino services, providing an onlinewebsite that contains sporting events
`and e-sports wagering, providing information about internet gaming and wagering on sporting events
`and e-sports, providing odds, sports lines, and other related information regarding sporting events
`and e-sports via a website for online gaming and wagering; Providing casino services featuring a
`casino players rewards program
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4346674
`
`Registration Date
`
`06/04/2013
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE
`
`Application Date
`
`10/11/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1995/08/15 First Use In Commerce: 1995/08/15
`online advertising and promotional services; promoting the goods and services
`of others; providing consumer product andservices information, namely, news,
`information, reviews, and commentary about the goods and services of others,
`via electronic communication networks, the Internet, and portable and wireless
`communication devices in the fields of sports and fantasy sports
`
`U.S. Registration
`No.
`
`4346676
`
`Registration Date
`
`06/04/2013
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE
`
`Application Date
`
`10/11/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 1995/08/15 First Use In Commerce: 1995/08/15
`Providing online chat rooms and bulletin boards for electronic transmission of
`messages among users in the field of sports and fantasy sports; broadcasting
`services namely transmitting, downloading and streaming digital audio, video,
`graphics, text and data in the field of sports and fantasy sports rendered via the
`Internet, and portable and wireless communication devices
`
`

`

`U.S. Registration
`No.
`
`4346677
`
`Registration Date
`
`06/04/2013
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE
`
`Application Date
`
`10/11/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1995/08/15 First Use In Commerce: 1995/08/15
`Entertainment services, namely, providing video and audio content, namely on-
`going entertainment programs in the natureof sports and fantasy sports news
`transmitted via a global communication network, video, the Internet, websites,
`podcasts, webcasts, webisodes, blogs, portableand wireless communication
`devices; providing information in the field of sports and fantasy sports via port-
`able and wireless communication devices, mobile phones, hand-held devices
`and global communication devices; interactive online newsletter providing sports
`information; entertainment services, namely, organizing and coordinating
`fantasy sports leagues for others via a global computer network, electronic com-
`munication networks and portable and wireless communication devices; provid-
`ing online content in the field of sport-related information; entertainment in the
`nature of games and contests which may be accessed via the Internet; enter-
`tainment, educational and information services, namely, providing blogs and
`video blogs in the fields of sports and fantasy sports; entertainment services,
`namely, providing webcasts of entertainment programming featuring sports and-
`fantasy sports; entertainment and education services, namely, providing online
`computer games in the fields of sports and fantasy sports news and information
`
`U.S. Registration
`No.
`
`4766927
`
`Registration Date
`
`07/07/2015
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE.COM
`
`Application Date
`
`01/27/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 021. First use: First Use: 2013/12/19 First Use In Commerce: 2013/12/19
`Foam drink holders
`
`U.S. Registration
`No.
`
`4918439
`
`Registration Date
`
`03/15/2016
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE
`
`Application Date
`
`10/11/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/08/05 First Use In Commerce: 2015/08/05
`Downloadable computer software in the nature of a mobile application for mo-
`bilephones, smartphones, portable media players, and handheld computers for
`use in providing information on sports and fantasy sports; downloadable elec-
`tronic newsletters in the fields of sports and fantasy sports
`
`U.S. Registration
`No.
`
`4937997
`
`Registration Date
`
`04/12/2016
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE PRO
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/08/05 First Use In Commerce: 2015/08/05
`Downloadable computer software in the nature of a mobile application for mo-
`bilephones, smartphones, portable media players, and handheld computers for
`use in providing information on sports and fantasy sports; downloadable elec-
`tronic newsletters in the fields of sports and fantasy sports
`
`U.S. Registration
`No.
`
`4969774
`
`Application Date
`
`01/23/2015
`
`

`

`Registration Date
`
`05/31/2016
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE PRO
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2015/08/03 First Use In Commerce: 2015/08/03
`Online advertising and promotional services; promoting the goods and services
`of others; providing consumer product andservices information, namely, news,
`information, reviews, and commentary about the goods and services of others,
`via electronic communication networks, the Internet, and portable and wireless
`communication devices in the fields of sports and fantasy sports
`
`U.S. Registration
`No.
`
`4969775
`
`Registration Date
`
`05/31/2016
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE PRO
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2015/08/03 First Use In Commerce: 2015/08/03
`Broadcasting services, namely, transmitting and streaming digital audio,
`video,graphics, text and data, including for purposes of downloading, in the field
`ofsports and fantasy sports rendered via the Internet, and portable and wireless
`communication device
`
`U.S. Registration
`No.
`
`5038080
`
`Registration Date
`
`09/06/2016
`
`Word Mark
`
`SPORTSLINE PRO
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2015/08/03 First Use In Commerce: 2015/08/03
`Entertainment services for free, with afee and/or with a subscription,
`namely,providing audio content, namely, on-going entertainment programs in
`the nature of sports and fantasy sports news transmitted via a global communic-
`ation network, the Internet, websites, podcasts, blogs, portable and wireless
`communication devices; providing information in the field of sports and fantasy
`sports via portable and wireless communication devices,mobile phones, hand-
`held devices and global communication devices; interactive online non-
`downloadable newsletter providing sports information; providing online content
`in the nature of sport-relatedinformation; entertainment, educationaland informa-
`tion services, namely, providing blogs in the fields of sports and fantasy sports
`
`U.S. Registration
`No.
`
`5060256
`
`Registration Date
`
`10/11/2016
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE PRO
`
`Application Date
`
`01/23/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2015/08/03 First Use In Commerce: 2015/08/03
`Entertainment services for free, with afee and/or with a subscription,
`namely,providing video content, namely, on-going entertainment programs in the
`nature of sports and fantasy sports news transmitted via a global communication
`network, video, the Internet, websites, podcasts, webcasts, webisodes, blogs,
`portable and wireless communication devices; entertainment services, namely,
`organizing and coordinating fantasy sports leagues for others via a global com-
`puter network,electronic communication networks and portable and wireless
`communication devices; entertainment in the nature of gamesand contests
`which may be accessed via the Internet; entertainment, educationaland informa-
`tion services, namely, providing video blogs in the fields of sportsand fantasy
`sports; entertainment services, namely, providing webcasts of entertainment
`
`

`

`programming featuring sports and fantasy sports
`
`U.S. Application
`No.
`
`90254144
`
`Application Date
`
`10/14/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`SPORTSLINE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, namely, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts,
`sweatpants, tank tops, pullovers, warmup suits, jackets, anoraks, coats, sweat-
`ers, sports bras, socks, hats, skirts, dresses, belts, vests, bathing suits, bath
`robes, pajamas, underwear, scarves,neck wear, neckties, slippers, boxer shorts,
`suspenders; footwear; athletic apparel, namely, pants, shorts, t-shirts, shirts,
`sweatshirts, hooded sweatshirts, hoods, sweatpants, tank tops,
`pullovers,warmup suits, jackets, sports bras, socks, hats, skirts, dresses, vests,
`belts,bathing suits, gloves, bicycle gloves, foot wear, hats and caps, headwear,
`bandanas, athletic jerseys, athletic uniforms, athletic sleeves, ski wear; wrist-
`bands
`
`85751881#TMSN.png( bytes )
`85751897#TMSN.png( bytes )
`85751915#TMSN.png( bytes )
`86175505#TMSN.png( bytes )
`85751842#TMSN.png( bytes )
`86512712#TMSN.png( bytes )
`86512755#TMSN.png( bytes )
`86512773#TMSN.png( bytes )
`86979727#TMSN.png( bytes )
`86512799#TMSN.png( bytes )
`90254144#TMSN.png( bytes )
`NOO _ SPORTSLINE - 14114842_1.pdf(101634 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Aryn Emert/
`
`ARYN EMERT
`
`11/29/2021
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL APPEAL BOARD
`
`
`In the Matter of Application Serial No. 88/373,400
`Published in the Official Gazette on April 5, 2019
`------------------------------------------------------------
`SportsLine.com Inc.,
`
`
` :
` Opposer,
` :
`-against- NOTICE OF OPPOSITION
`
`
`
`
`
`
` Opposition No.
`Pinbet Malta Limited,
`
`
` :
`
`
` Applicant. :
`-------------------------------------------------------------X
`
`
`SportsLine.com Inc. (“Opposer”), a Delaware corporation, with an address at 51 West 52nd
`
`Street, New York, New York 10019 believes it will be damaged by registration of the standard
`
`character word mark PINNACLE SPORTS LINE (“Applicant’s Mark”) in International Class 41
`
`for “Casinos; Entertainment services, namely, casino gaming; Gaming services in the nature of
`
`casino gaming; Gaming services in the nature of providing online internet casino services,
`
`providing an online website that contains sporting events and e-sports wagering, providing
`
`information about internet gaming and wagering on sporting events and e-sports, providing odds,
`
`sports lines, and other related information regarding sporting events and e-sports via a website for
`
`online gaming and wagering; Providing casino services featuring a casino players rewards
`
`program” (“Applicant’s Services”) as shown in Application Serial No. 88/373,400 (the
`
`“Application”), and having been granted extensions of time to oppose up to and including
`
`November 28, 2021, hereby opposes the same.
`
`As grounds for opposition, it is alleged that:
`
`1.
`
`Opposer is a subsidiary of CBS Interactive Inc. (“CBS Interactive”), which is a
`
`subsidiary of ViacomCBS Inc. (“ViacomCBS”).
`
`
`
`1
`
`

`

`
`
`2.
`
`For many years, Opposer and its predecessors-in-interest and related companies
`
`have been engaged in the business of providing news and information services in the field of sports.
`
`3.
`
`Opposer is the owner of SPORTSLINE, an online service that provides sports fans
`
`with premium real-time sports betting information, odds, picks and projections, along with related
`
`news, information, and opinions from industry experts.
`
`4.
`
`Opposer’s predecessor launched the website SportsLine.com in June 1995. During
`
`the website’s formal launch in August 1995, press conferences were held demonstrating the
`
`innovative nature of the services offered under the SportsLine.com website and SPORTSLINE
`
`brand, such as proprietary contests, and real-time live chats with sports celebrities, along with the
`
`most comprehensive and up-to-the minute sports scores, highlights and information. Notable
`
`spokesmen advertising the services under the SPORTSLINE website and brand included NFL Hall
`
`of Fame legend “Broadway” Joe Namath and 1995 Baseball Hall of Fame inductee Mike Schmidt.
`
`NBC sportscaster Bob Costas hosted the presentations.
`
`5.
`
`Additionally, in the mid-1990s, to promote the SPORTSLINE services and
`
`SPORTSLINE mark, Opposer’s predecessor forged alliances with a variety of celebrity sports
`
`personalities with international reputations in their fields.
`
`6.
`
`The SPORTSLINE services were accessed
`
`through SportsLine.com,
`
`the
`
`SPORTSLINE branded site, and were extremely well received by consumers with the
`
`SPORTSLINE services ranking as the #1 sports service on the web by Interactive Sports Wire in
`
`November 1995. According to a press release from that same year, “SportsLine USA [Opposer’s
`
`predecessor] received an overall rating of 86%, a full eight percent in front of ESPNet…
`
`SportsLine outscored or tied its main competition in every category.”
`
`
`
`2
`
`

`

`
`
`7.
`
`In March 1997, SportsLine.com forged a strategic marketing alliance with CBS
`
`Corporation (the then-parent of a predecessor to CBS Interactive) that compensated CBS
`
`Corporation with stock in SportsLine.com, until 2004, when Viacom (the then-parent of a
`
`predecessor to CBS Interactive) completed its purchase of the SportsLine business, including the
`
`SPORTSLINE brand. At that time, CBS Interactive and its predecessors-in-interest took
`
`responsibility for operating SportsLine.com and used the SPORTSLINE mark.
`
`8.
`
`Today, the SPORTSLINE services continue to be offered by Opposer under the
`
`SPORTSLINE brand. The mark SPORTSLINE continues to draw millions of visits to the
`
`SportsLine.com site. Both Opposer and its current parent company, ViacomCBS, continue to
`
`regard the trademark SPORTSLINE as a valuable asset because of the public’s longstanding
`
`recognition of the brand and the brand’s association with the popular and pioneering
`
`SPORTSLINE services, along with its more recent associations with CBS SPORTS.
`
`9.
`
`Accordingly, since well prior to Applicant’s constructive first use date of April 5,
`
`2019, Opposer, its predecessors, and their affiliated and related entities and/or licensees have long
`
`used and continue to use the mark SPORTSLINE alone or with other word and/or design elements
`
`(“Opposer’s SPORTSLINE Marks”) on or in connection with the provision of news and
`
`information services in the field of sports over the Internet, including, without limitation, providing
`
`information on sporting events, fantasy sports, gaming, sports odds, sports scores, and player and
`
`team statistics; providing interactive programming related to sports via the Internet; providing
`
`photos, audio and video clips relating to sports; providing sports related games and contests via
`
`the Internet, including, without limitation, games and products related to fantasy sports; providing
`
`online chat and bulletin board services; podcast and multimedia program services; and mobile
`
`applications.
`
`
`
`3
`
`

`

`
`
`10.
`
`Opposer owns United States registrations for Opposer’s SPORTSLINE Marks in
`
`International Classes 9, 21, 25, 35, 38, and 41; namely, U.S. Federal Application and Registration
`
`Nos. 4346674; 4346676; 4346677; 4766927; 4918439; 4937997; 4969774; 4969775; 5038080;
`
`5060256; and App. No. 90254144. Registration Nos. 4346674; 4346676; and 4346677 are
`
`incontestable.
`
`11.
`
`Since long prior to April 5, 2019, Applicant’s constructive first use date, Opposer,
`
`its predecessors, and their affiliated and related entities and/or licensees have promoted and
`
`advertised the sale and distribution of goods and services bearing or offered in connection with
`
`Opposer’s SPORTSLINE Marks, including, without limitation, provision of news and information
`
`services in the field of sports over the Internet, including, without limitation, providing information
`
`on sporting events, fantasy sports, gaming, sports odds, sports scores, and player and team
`
`statistics; providing interactive programming related to sports via the Internet; providing photos,
`
`audio and video clips relating to sports; providing sports related games and contests via the
`
`Internet, including, without limitation, games and products related to fantasy sports; providing
`
`online chat and bulletin board services; podcast and multimedia program services; and mobile
`
`applications, and have offered such goods and rendered such services in commerce.
`
`12.
`
`As a result of the sale and promotion of its goods and services bearing or offered in
`
`connection with Opposer’s SPORTSLINE Marks, Opposer has built up highly valuable goodwill
`
`in Opposer’s SPORTSLINE Marks, and said goodwill has become closely and uniquely identified
`
`and associated with Opposer.
`
`13.
`
`On April 5, 2019, Applicant filed the Application for Applicant’s Mark for
`
`Applicant’s Services based on an intent-to-use.
`
`
`
`4
`
`

`

`
`
`14.
`
`Upon information and belief, Applicant did not use Applicant’s Mark for
`
`Applicant’s Services in United States commerce prior to its constructive first use date of April 5,
`
`2019.
`
`15.
`
`Applicant’s Services are closely related to the goods offered and services rendered
`
`in connection with Opposer’s SPORTSLINE Marks.
`
`16.
`
`Applicant’s Mark is confusingly similar to Opposer’s SPORTSLINE Marks as
`
`Applicant’s Mark contains effectively the entirety of Opposer’s SPORTSLINE mark with merely
`
`the addition of Applicant’s house mark. Consumers are therefore likely to mistakenly believe
`
`Applicant’s Mark refers to or is otherwise associated with Opposer or Opposer’s goods and
`
`services.
`
`17.
`
`As Applicant’s Mark is a standard character mark, registration of such mark
`
`effectively would give Applicant rights to Applicant’s Mark in any stylization, including the
`
`stylizations of Opposer’s SPORTSLINE Marks that have been registered and/or have priority of
`
`use over Applicant’s Mark.
`
`18.
`
`Applicant’s Mark so resembles Opposer’s SPORTSLINE Marks as to be likely,
`
`when used in connection with Applicant’s Services, to cause confusion, to cause mistake, and to
`
`deceive the trade and public, who are likely to believe that Applicant’s Services have their origin
`
`with Opposer and/or that such goods are approved, endorsed or sponsored by Opposer or
`
`associated in some way with Opposer. Opposer would thereby be injured by the granting to
`
`Applicant a certificate of registration for Applicant’s Mark.
`
`19.
`
`Opposer’s SPORTSLINE Marks are distinctive and famous, and were so prior to
`
`April 5, 2019, Applicant’s constructive first use date. Opposer would be further injured by granting
`
`
`
`5
`
`

`

`
`
`certificates of registration for Applicant’s Mark because such mark is likely to dilute the distinctive
`
`quality of Opposer’s SPORTSLINE Marks by blurring.
`
`WHEREFORE, Opposer believes that it will be damaged by registration of Applicant’s
`
`Mark and requests that the opposition be sustained and said registration be denied.
`
`
`
`
`
`Respectfully submitted,
`SportsLine.com Inc.
`
`Opposer
`
`By: __/Aryn M. Emert/______________________
`
`Aryn M. Emert, Esq.
`
`Mallory Levitt, Esq.
`ViacomCBS Law Dept.
`51 West 52nd Street
`New York, NY 10019
`212-975-3061
`
`
`
`Date: New York, New York
`November 29, 2021
`
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`6
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