United States Time Corporation v. Jacob Tennenbaum (Tennenbaum & Co., Telix Watch, Assignee, Substituted)

WORLEY, Chief Judge.

As this appeal comes to us the issues have been reduced to the single question of whether appellee’s mark so, resembles that of appellant that their concurrent use on the goods of the respective parties would be likely to cause confusion or mistake or to deceive purchasers. The controversy arose when appellee, Jacob Tennenbaum, 1 a citizen of Switzerland, made application for registration of the mark “Telix” for use on watches and parts of watches manufactured in Switzerland and imported into this country for sale. The opposition by appellant was based on prior…