The Fleetwood Company, Assignee of Cosmetic Manufacturing Co. v. The Mitchum Company

WORLEY, Chief Judge.

Fleetwood seeks registration of “FAYD” as a trademark 1 for a skin cream. Mitchum opposes on its prior use of “Esotérica” on skin creams with which it employs the word “fade.” Mit-chum argues that “FAYD” is the phonetic equivalent of “fade” and, therefore, descriptive of skin creams; that registration of “FAYD” “would be likely to cause confusion and mistake and to deceive purchasers into believing that applicant has the sole and exclusive right to the generic and descriptive word ‘fade’ and minor variations or misspellings thereof”.

In sustaining the opposition the…