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ARTICLE · 04 MARCH 2020

TTABlog Test: Are Phonograph Records And Audio Equipment Related Under Section 2(d)?

Wolf Greenfield & Sacks
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Swan Song, Inc. opposed an application to register the mark SWAN SONG AUDIO for ""Consumer electronic products, namely, audio amplifiers

United StatesIntellectual Property

Swan Song, Inc. opposed an application to register the mark SWAN SONG AUDIO for ""Consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power inverter" [AUDIO disclaimed], on the ground of likelihood of confusion with the registered mark shown below, for "phonograph records." Opposer asserted that the goods are related because "[p]honograph records, to be played and heard, must be played on a device (turntable) which requires a receiver, speakers and/or an amplifier." How do you think this came out? Swan Song, Inc. v. Swan Song Audio LLC, Opposition No. 91240005 (February 26, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman).

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