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CAFC Affirms TTAB's "CRASH DUMMIES" No Abandonment Decision

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's ruling in Mattel, Inc. v. The Crash Dummy Movie, LLC, Opposition No. 91159002 (November 25, 2008) [not precedential]. The Board held that Mattel has rebutted the statutory presumption of abandonment of its CRASH DUMMIES mark by showing "reasonable grounds for the suspension and plans to resume use in the reasonably foreseeable future when the conditions requiring suspension abate." [TTABlogged here]. The CAFC agreed. The Crash Dummy Movie, LLC v. Mattel, Inc., Appeal No 09-1230 (March 1, 2010) [precedential]. [The oral argument may be heard here].The TTAB found a prima facie case of abandonment of the CRASH DUMMIES marks based on three years of nonuse, beginning at the earliest on December 31, 1995 (when various licenses of the prior owner, Tyco, expired), and ending at Mattel?s actual shipment of CRASH DUMMIES toys in December 2003...continue to full post

Full post as published by The TTABlog on April 19, 2010 (boomark / email).