Crash Dummy Movie, LLC v. Mattel, Inc.

RADER, Circuit Judge.

The Trademark Trial and Appeal Board (“Board”) sustained Mattel, Inc.’s (“Mattel”) challenge to The Crash Dummy Movie, LLC’s (“CDM”) application to register the mark CRASH DUMMIES for a line of games and playthings. The record leaves no doubt that CDM’s proposed mark is likely to cause confusion with Mattel’s previously used marks CRASH DUMMIES and THE INCREDIBLE CRASH DUMMIES (collectively, “CRASH DUMMIES marks”) for action figures and playsets. CDM asserts, however, that these marks were abandoned. Because substantial evidence supports the Board’s finding that Mattel…