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On Friday, opposer DISH Network LLC filed a notice of opposition before the Trademark Trial and Appeal Board against applicant NVIDIA Corporation’s application for the NVIDIA Hopper mark, asserting that it will be damaged by the registration of the applicant’s mark because of the likelihood of confusion with its Hopper-related marks.
According to the opposition, DISH owns a variety of registered trademarks related to its Hopper service. The trademarks cover “Digital video recorders … communications equipment, namely, set-top boxes for receiving video programming; Television receivers; and satellite receivers.” These marks include Hopper, the stylized Hopper, HopperGo and Hopper Duo, as well as other Hopper-formative marks. DISH claimed that its marks predate those of NVIDIA both for the filing date and first date of use, some as early as 2011 and 2012, respectively. Additionally, DISH noted that the Hopper marks “have achieved great strength and public recognition as a result of extensive and continuous use” by DISH. As a result, DISH asserted that there is goodwill associated with the Hopper marks and the public associates these marks with DISH.