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Expert Analysis

Case Study: Mattel V. Brainy Baby

Law360, New York (March 19, 2012, 12:53 PM EDT) -- In a recent precedential decision, the U.S. Trademark Trial and Appeal Board reaffirmed that the title of a creative work may not be registered on the Principal Register unless that title is used on at least two of the applicant's works (a series). However, the TTAB went further in this new decision and held that VHS and DVD versions of the same creative work are properly considered a single work and not a series, even if the DVD includes additional content and features that the TTAB considers "minor enhancements." Mattel Inc. v. The Brainy Baby Co., Cancellation No. 92052047, 101 U.S.P.Q.2d 1140 (TTAB Dec. 30, 2011)....

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