Chicago Pharmacal Company v. American Home Products Corporation

MARTIN, Judge.

This appeal raises the question, under Section 2(d) of the Lanham Act, 15 U.S.C.A. § 1052(d), whether “Phenistan” when applied to a “Medicinal preparation used for relief of nasal congestion accompanying the common cold, rhinitis, sinusitis, and used in the treatment of spasmodic bronchial coughs,” so resembles “Phenergan,” a “Product having antihistaminie properties * * *,” as to be likely to cause confusion or mistake or deception of purchasers. The Trademark Trial and Appeal Board found that confusion was likely and accordingly sustained appellee’s opposition to the…