Lone Star Manufacturing Co. v. Bill Beasley, Inc.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing an opposition to appellee’s application2 to register FROSTY AIR, the word AIR being disclaimed, for air conditioners for automobiles, trucks, mobile trailers, and refrigerated trailers. Appellant asserts that appellee’s mark so resembles appellant’s mark for automobile air conditioners, FROSTEMP, used by appellant prior to appellee’s asserted first use, as to be likely to cause confusion, mistake, or deception.

Appellant introduced evidence including testimony of its president, Holt Hickman, one…