Wednesday, November 30, 2011

Mattel Seeks Review of TTAB's "MOTOWN METAL" Decision

Mattel, Inc. has commenced a civil action (complaint here) in the U.S. District Court for Central District of California, seeking review under Section 1071(b) of the TTAB's decision in UMG Recordings, Inc. v. Mattel, Inc., 100 USPQ2d 1868 (TTAB 2011) [precedential]. [Update: case dismissed by the stipulation of the parties on October 30, 2012).

The Board sustained UMG's opposition to the mark MOTOWN METAL for toy vehicles and accessories, finding it likely to cause confusion with, and likely to dilute by blurring, the famous mark MOTOWN for musical entertainment and musical recordings. [TTABlogged here].

Mattel's complaint is just slightly more than two pages long. It seeks reversal of the Board's decision; an order "that Mattel is entitled to registration of MOTOWN METAL on the Principal Register;" and, alternatively, an order prohibiting UMG "from registering MOTOWN in Class 28 for toys, games and playthings."

This should be interesting.

Text Copyright John L. Welch 2011.


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