CAFC Hears Oral Argument in "CRASH DUMMIES" Appeal

On Friday, November 6, 2009, the U.S. Court of Appeals for the Federal Circuit heard oral argument [mp3 here] in an appeal from the TTAB's decision in Mattel, Inc. v. The Crash Dummy Movie, LLC, Opposition No. 91159002 (November 25, 2008) [not precedential]. [TTABlogged here]. 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 Applicant contended that Opposer had abandoned the mark. Mattel won at the Board level.

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