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KENNER PARKER TOYS v. ROSE ART INDUSTRIES, INC.

No. 91-1399.

963 F.2d 350 (1992)

KENNER PARKER TOYS INC., Appellant, v. ROSE ART INDUSTRIES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

April 15, 1992.

Attorney(s) appearing for the Case

Steven M. Weinberg, Weiss, Dawid, Fross, Zelnick & Lehrman, P.C., New York City, argued for appellant. With him on the brief was Carol F. Simkin.

Robert L. Epstein, James & Franklin, New York City, argued for appellee. With him on the brief was Harold James.

Before MAYER, CLEVENGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

Kenner Parker Toys Inc. opposed Rose Art Industries's registration of the mark FUNDOUGH for modeling compound and related accessories. The Trademark Trial and Appeal Board dismissed the opposition discerning little, if any, likelihood that consumers would confuse FUNDOUGH with Kenner's PLAY-DOH mark. Because the Board treated the fame of Kenner's mark as a liability and otherwise improperly weighed the factors showing confusing similarity, this...

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