Disney closes in on ‘Dumbo’ mark invalidation
Disney is one step closer to securing the invalidation of a mark it claims is too similar to trademarks for its film “Dumbo”.
On Tuesday, October 31, the Trademark Trial and Appeal Board (TTAB) published a notice of default covering the mark ‘Dumbo Lounge Sacks’.
California-based company 12th Bean had applied to register the mark for international class 20 (inflatable lounge furniture) in December last year.
As part of its application, 12th Bean filed an image of the furniture that featured the trademark and the face and trunk of an elephant as the letter ‘M’ in the word ‘Dumbo’.
The mark was published in May and Disney filed its opposition in September.
According to the entertainment company, ‘Dumbo Lounge Sacks’ is “highly similar in sound, appearance, and connotation” to Disney’s Dumbo name and marks.
“Indeed, applicant’s ‘Dumbo Lounge Sacks’ mark encompasses opposer’s ‘Dumbo’ mark in its entirety, and ‘Dumbo’ is the first and dominant word in applicant’s ‘Dumbo Lounge Sacks’ mark,” claimed Disney.
Disney added that 12th Bean’s goods are highly related to Disney’s goods, given that Disney has offered furniture-related goods such as pillows, lamps and picture frames.
“Moreover, given the distinctiveness and fame of opposer’s ‘Dumbo’ name and mark, and opposer’s long history of licensing products under its film and character names and marks, consumers are accustomed to seeing opposer’s ‘Dumbo’ name and mark used in connection with a wide range of products and services, including furniture-related products,” added the opposition.
Disney owns the word mark ‘Dumbo’ for numerous classes, including class 20 for picture frames mirrors and pillows.
12th Bean’s response was due on October 21, but the company did not reply, so notice of default was entered against it by the TTAB.
The California-based company has 30 days from the date of the order to show why judgment by default should not be entered against it.
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