ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1329120
`12/18/2023
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Sportsline.com, Inc,
`12/17/2023
`
`1515 BROADWAY
`NEW YORK, NY 10036
`UNITED STATES
`
`ARYN EMERT
`PARAMOUNT GLOBAL LAW
`1515 BROADWAY
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: trademarks@viacomcbs.com
`Secondary email(s): aryn.emert@paramount.com,
`elena.vetere@paramount.com
`212-975-4321
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90097653
`12/18/2023
`
`Publication date
`Opposition period
`ends
`
`06/20/2023
`12/17/2023
`
`OMP RACING S.P.A.
`VIA E. BAZZANO 5
`RONCO SCRIVIA (GENOVA), I-16019
`ITALY
`
`Goods/services affected by opposition
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Fireproof automobile racing suits for safety
`purposes; Clothing for protection against fire; Articles of protective clothing for wear by motorcyclists
`for protection against accident or injury; Fire resistant gloves; Gloves for protection against accidents,
`irradiation and fire; Protective helmets for motorists; Protective helmets for motor cyclists; Clothes for
`protection against injury, namely, insulated clothing for protection against injury, articles of protective
`clothing for wear by motorcyclists for protection against injury; Balaclavas for protection against acci-
`dents, irradiation and fire; Cases for tablet computers; Cases adapted for notebook computers; Cell
`phone covers; bags, namely, bags specially adapted for protective helmets, bags for underwater
`camera enclosures, bags adapted for laptops; waterproof bags, namely, waterproof computer bags,
`waterproof bags for cameras, waterproof messenger bags especially adapted for holding laptops;
`headgear, namely, sports helmets, chinstraps for football helmets, visors for protective helmets
`Class 018. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Attaché cases; Business cases; Suit-
`
`

`

`cases with wheels; Bags, namely, travelling bags, weekend bags, clutch bags; Waterproof bags,
`namely, waterproof courier bags, waterproof sports bags, waterproof hip bags; Bags for sports;
`Overnight bags; Holdalls for sports clothing; Rucksacks; Sports packs; Hiking rucksacks; Haversacks;
`All-purpose athletic bags; Trolley duffel bags; Pocket wallets; Carrying cases for documents; Umbrel-
`las; Parasols; Valises
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Sportswear, namely, sports pants, sports
`bras, sport shirts, long sleeve shirts; car drivers clothing, namely, driving gloves, leather coats, sports
`hats; Sweat shirts; Blousons; Jerseys being clothing; Undershirts; Sports jerseys; Gloves being cloth-
`ing; Jackets being clothing; Sports jackets; Tee-shirts; Combinations being clothing; Waterproof suits
`for motorcyclists; Trousers; Headwear; Berets; Underwear; Footwear; Training shoes; Waist belts;
`Stockings
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`4346674
`
`Principal
`06/04/2013
`
`Application date
`
`10/11/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE
`
`NONE
`
`Class 035. First use: First Use: Aug 15, 1995 First Use In Commerce: Aug 15,
`1995
`online advertising and promotional services; promoting the goods and services
`of others [ ; providing consumer product and services 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.
`Register
`Registration date
`
`4346676
`
`Principal
`06/04/2013
`
`Application date
`
`10/11/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE
`
`NONE
`
`Class 038. First use: First Use: Aug 15, 1995 First Use In Commerce: Aug 15,
`1995
`[ 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.
`Register
`Registration date
`
`4346677
`
`Principal
`06/04/2013
`
`Application date
`
`10/11/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE
`
`NONE
`
`Class 041. First use: First Use: Aug 15, 1995 First Use In Commerce: Aug 15,
`1995
`Entertainment services, namely, providing video and audio 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; 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.
`Register
`Registration date
`
`4766927
`
`Principal
`07/07/2015
`
`Application date
`
`01/27/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE.COM
`
`NONE
`
`Class 021. First use: First Use: Dec 19, 2013 First Use In Commerce: Dec 19,
`2013
`Foam drink holders
`
`U.S. registration
`no.
`Register
`Registration date
`
`4918439
`
`Principal
`03/15/2016
`
`Application date
`
`10/11/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE
`
`NONE
`
`Class 009. First use: First Use: Aug 5, 2015 First Use In Commerce: Aug 5,
`
`

`

`2015
`Downloadable computer software in the nature of a mobile application for mobile
`phones, smartphones, portable media players, and handheld computers for use
`in providing information on sports and fantasy sports; downloadable electronic
`newsletters in the fields of sports and fantasy sports
`
`U.S. registration
`no.
`Register
`Registration date
`
`4969775
`
`Principal
`05/31/2016
`
`Application date
`
`01/23/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE PRO
`
`NONE
`
`Class 038. First use: First Use: Aug 3, 2015 First Use In Commerce: Aug 3,
`2015
`Broadcasting services, namely, transmitting and streaming digital audio, video,
`graphics, text and data, [ including for purposes of downloading, ] in the field of
`sports and fantasy sports rendered via the Internet, and portable and wireless
`communication device
`
`U.S. registration
`no.
`Register
`Registration date
`
`5038080
`
`Principal
`09/06/2016
`
`Application date
`
`01/23/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE PRO
`
`NONE
`
`Class 041. First use: First Use: Aug 3, 2015 First Use In Commerce: Aug 3,
`2015
`Entertainment services for free, with a fee 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 communication net-
`work, the Internet, websites, podcasts, blogs, portable and wireless communica-
`tion 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-related information; entertainment, educational and information services,
`namely, providing blogs in the fields of sports and fantasy sports
`
`U.S. registration
`no.
`Register
`Registration date
`
`5060256
`
`Principal
`10/11/2016
`
`Word mark
`Design mark
`Description of
`
`SPORTSLINE PRO
`
`NONE
`
`Application date
`
`01/23/2015
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`Goods/services
`
`Class 041. First use: First Use: Aug 3, 2015 First Use In Commerce: Aug 3,
`2015
`Entertainment services for free, with a fee 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 net-
`work, video, the Internet, websites, podcasts, webcasts, webisodes, blogs, port-
`able and wireless communication devices; entertainment services, namely, or-
`ganizing 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 games and contests
`which may be accessed via the Internet; entertainment, educational and inform-
`ation services, namely, providing video blogs in the fields of sports and fantasy
`sports; entertainment services, namely, providing webcasts of entertainment
`programming featuring sports and fantasy sports
`
`U.S. application
`no.
`Registration date
`
`90254144
`
`NONE
`
`Application date
`
`10/14/2020
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`SPORTSLINE
`
`NONE
`
`Class 025. First use: First Use: None First Use In Commerce: None
`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
`
`Attachments
`
`NOO - LINEA SPORT TO FILE - 23045029_1.pdf(116302 bytes )
`
`Signature
`Name
`Date
`
`/Aryn Emert/
`ARYN EMERT
`12/18/2023
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL APPEAL BOARD
`
`
`In the Matter of Application Serial No. 90097653
`Published in the Official Gazette on June 20, 2023
`------------------------------------------------------------
`SportsLine.com Inc.,
`
`
` :
` Opposer,
` :
`-against- NOTICE OF OPPOSITION
`
`
`
`
`
`
` Opposition No.
`OMP RACING S.P.A.,
`
`
` :
`
`
` Applicant. :
`-------------------------------------------------------------X
`
`
`SportsLine.com Inc. (“Opposer”), a Delaware corporation, with an address at 1515
`
`Broadway, New York, New York 10036 believes it will be damaged by registration of the
`
` (“Applicant’s Mark”) in International Class 9 for “Fireproof automobile
`
`racing suits for safety purposes; Clothing for protection against fire; Articles of protective clothing
`
`for wear by motorcyclists for protection against accident or injury; Fire resistant gloves; Gloves
`
`for protection against accidents, irradiation and fire; Protective helmets for motorists; Protective
`
`helmets for motor cyclists; Clothes for protection against injury, namely, insulated clothing for
`
`protection against injury, articles of protective clothing for wear by motorcyclists for protection
`
`against injury; Balaclavas for protection against accidents, irradiation and fire; Cases for tablet
`
`computers; Cases adapted for notebook computers; Cell phone covers; bags, namely, bags
`
`specially adapted for protective helmets, bags for underwater camera enclosures, bags adapted for
`
`laptops; waterproof bags, namely, waterproof computer bags, waterproof bags for cameras,
`
`waterproof messenger bags especially adapted for holding laptops; headgear, namely, sports
`
`
`
`1
`
`

`

`
`
`helmets, chinstraps for football helmets, visors for protective helmets,” in International Class 18
`
`for “Attaché cases; Business cases; Suitcases with wheels; Bags, namely, travelling bags, weekend
`
`bags, clutch bags; Waterproof bags, namely, waterproof courier bags, waterproof sports bags,
`
`waterproof hip bags; Bags for sports; Overnight bags; Holdalls for sports clothing; Rucksacks;
`
`Sports packs; Hiking rucksacks; Haversacks; All-purpose athletic bags; Trolley duffel bags;
`
`Pocket wallets; Carrying cases for documents; Umbrellas; Parasols; Valises” and in International
`
`Class 25 for “Sportswear, namely, sports pants, sports bras, sport shirts, long sleeve shirts; car
`
`drivers clothing, namely, driving gloves, leather coats, sports hats; Sweat shirts; Blousons; Jerseys
`
`being clothing; Undershirts; Sports jerseys; Gloves being clothing; Jackets being clothing; Sports
`
`jackets; Tee-shirts; Combinations being clothing; Waterproof suits for motorcyclists; Trousers;
`
`Headwear; Berets; Underwear; Footwear; Training shoes; Waist belts; Stockings” (collectively
`
`“Applicant’s Goods”) as shown in Application Serial No. 90097653 (the “Application”), and
`
`having been granted extensions of time to oppose up to and including December 17, 2023, 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 Paramount Global (“Paramount”).
`
`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.
`
`
`
`2
`
`

`

`
`
`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.”
`
`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.
`
`
`
`3
`
`

`

`
`
`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. Relevant to this opposition, Opposer has and continues to offer for sale and
`
`has sold merchandise, including bags and apparel bearing the SPORTSLINE mark. Both Opposer
`
`and its current parent company, Paramount, 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 August
`
`6, 2020, 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; mobile
`
`applications; bags; apparel and related merchandise.
`
`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; 4969775; 5038080; 5060256; and App.
`
`
`
`4
`
`

`

`
`
`No. 90254144. Registration Nos. 4346674; 4346676; 4346677; 4918439; 4969775; 5038080; and
`
`5060256 are incontestable.
`
`11.
`
`Since long prior to August 6, 2020, 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; bags; apparel and related merchandise, 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 August 6, 2020, Applicant filed the Application for Applicant’s Mark for
`
`Applicant’s Goods based on an intent-to-use basis, later amending the basis to 44(e).
`
`14.
`
`Upon information and belief, Applicant did not use Applicant’s Mark for
`
`Applicant’s Goods in United States commerce prior to its constructive first use date of August 6,
`
`2020.
`
`
`
`5
`
`

`

`
`
`15.
`
`The term LINEA SPORT is the dominant feature of Applicant’s Mark and
`
`translates in English to SPORT LINE, which is substantially similar to Opposer’s SPORTSLINE
`
`Marks.
`
`16.
`
`Applicant’s Goods are identical and/or closely related to the goods offered and
`
`services rendered in connection with Opposer’s SPORTSLINE Marks.
`
`17.
`
`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.
`
`18.
`
`Opposer’s SPORTSLINE Marks are distinctive and famous, and were so prior to
`
`August 6, 2020, Applicant’s constructive first use date. Opposer would be further injured by
`
`granting 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.
`
`Date: New York, New York
`December 18, 2023
`
`
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`6
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`
`
`Respectfully submitted,
`SportsLine.com Inc.
`
`Opposer
`
`By: __/Aryn M. Emert/______________________
`
`Aryn M. Emert, Esq.
`
`Mallory Levitt, Esq.
`Paramount Global Law Department
`
`

`

`
`
`
`
`
`
`
`
`
`1515 Broadway
`New York, NY 10036
`212-975-4321
`
`7
`
`