Legal Opinion · Dissent
Glenwood Laboratories, Inc. v. American Home Products Corp.
Court of Customs and Patent Appeals
Decided March 9, 1972No. 8612Published
1DissentBich, Judge
Considering the whole record in this case, I do not see a reasonable likelihood of confusion, mistake, or deception under §2(d). The goods here are not over-the-counter items or in the category of “impulse” merchandise sold in supermarkets. Of course MYSOLINE and MYOCHOLINE flow through the same channels of trade but only through drug wholesalers, pharmacists, doctors, and medical personnel who are very knowledgeable about drugs, drug names, and uses and .more than usually careful in identifying them. It is not a case of different brands of the same merchandise.
One of appellee’s main…
2Cases cited5 opinions
- Syntex Laboratories, Inc. v. The Norwich Pharmacal CompanyCourt of Appeals for the Second Circuit · 1971
- Morgenstern Chemical Company, Inc. v. G. D. Searle & CompanyCourt of Appeals for the Third Circuit · 1958
- O.M.I. Corp. of America v. Kelsh Instrument Co.Court of Appeals for the Fourth Circuit · 1960
- C. L. Clifton, Sr., D. B. A. R & M Laboratories of Georgia v. Plough, Inc.Court of Customs and Patent Appeals · 1965
- Merritt Corporation v. Sterling Drug, IncCourt of Customs and Patent Appeals · 1960