Case: SNAP INC. v. KATHERINE K. VIDAL, Director of the USPTO. No. 2:22-cv-00085-SK, CD of California.
Snap Inc. (“Snap”), owner of the social media mobile application Snapchat, sought to register SPECTACLES as a trademark for its eye-wearable technology product, which are smart glasses with integrated cameras. The U.S. Patent and Trademark Office (PTO) denied Snap’s trademark registration applications on the grounds that the term “spectacles” was a generic name for “smart glasses” and thus unprotectable as a trademark. The Trademark Trial and Appeal Board (TTAB) affirmed the PTO’s decision.
Rather than appeal the TTAB’s ruling, Snap pursued civil proceedings against the PTO. Applied Marketing Science, Inc. (AMS) Principal and Survey Expert Brian Sowers was retained by Snap to conduct a Thermos survey to determine what generic terms consumers use to describe the relevant category of goods in Snap’s trademark applications, and further, to determine whether, and to what extent, relevant consumers use “spectacles” as a generic term for smart glasses in this context. Additionally, Mr. Sowers provided rebuttal evidence in response to a consumer survey proffered by the PTO.
In March 2024 the matter went to trial, where Mr. Sowers provided testimony regarding the Thermos survey he conducted as well as his criticisms of the PTO’s consumer survey. Following the bench trial, the Court adopted Mr. Sowers’ survey findings and also his criticisms of the PTO’s survey in finding that “Spectacles” is not generic, which clears the path for the trademark to be registered. Snap, Inc. was represented by Debevoise & Plimpton LLP.