Trademark Law | Expert Legal Commentary
June 8, 2010
Crash Dummy Movie v. Mattel: Overcoming the Presumption of Abandonment
Crash Dummy Movie, LLC v. Mattel, Inc..
By
Olivier A. Taillieu and Thomas F. Zuber of Zuber & Taillieu LLP
The Federal Circuit Court affirmed a TTAB decision finding that Mattel successfully rebutted the presumption that it had abandoned a mark it had acquired from Tyco but had not used for at least three years. In Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010), Mattel opposed an intent-to-use trademark application filed by Crash Dummy Movie based on a likelihood of confusion with Mattel's "Crash Dummies" marks. Even though the TTAB found a prima facie case of abandonment by Mattel, it found that Mattel took sufficient steps to overcome that presumption.
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About the Authors
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Thomas F. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/txpeter
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