Toy Car Mark Confusingly Similar to, and Dilutive of, Famous MOTOWN

World Trademark Review Daily
October 2011

In a recent Trademark Trial and Appeal Board decision, the Board found that in an appropriate situation both likelihood of confusion and likelihood of dilution can be established without the need for survey evidence. The Board ruled that Mattel Inc.’s MOTOWN METAL mark for die cast toy cars was likely to cause confusion and to dilute the well-known MOTOWN trademarks owned by opponent UMG Recordings Inc. based on the evidence of record, notwithstanding the fact that the Opposer had produced no survey evidence in support of its case.

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