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"CRASH DUMMIES" Mark Survives Abandonment Claim, TTAB Sustains 2(d) Opposition to Same Mark for Same Goods

In this Section 2(d) opposition, the goods were in part identical (action figures) and the marks either identical (CRASH DUMMIES) or highly similar (THE INCREDIBLE CRASH DUMMIES). Confusion was likely, but did Opposer have priority based on use of its mark, or had Opposer's mark been abandoned, as Applicant contended? Answer: Opposer won. Mattel, Inc. v. The Crash Dummy Movie, LLC, Opposition No. 91159002 (November 25, 2008) [not precedential].Opposer Mattel's predecessor-in-interest, Tyco, first used the CRASH DUMMIES marks in 1991, sold toys under the marks at least through 1994, and licensed the mark to 49 different entities, some of the licenses lasting until 1995 with a sell-off period of 4-6 months.Tyco assigned the marks to Mattel in 1997, and Mattel acquired Tyco fully at the end of that year...continue to full post

Full post as published by The TTABlog on December 24, 2008 (boomark / email).