The Kalart Company, Inc. v. The Camera-Mart, Inc.
Court of Customs and Patent Appeals
1DissentO’Connell, Judge
Appellant’s mark “Kalart” is arbitrary and nowise descriptive or suggestive of the goods to which it is applied. We have repeatedly held that in cases like this a greater difference is necessary, in sound, meaning and appearance, to avoid the likelihood of confusion with a mark previously owned and in use by another engaged in the sale of identical goods. See, for example, Lauritzen & Co., Inc., v. Borden Co., 239 F.2d 405, 44 C.C.P.A., Patents, 720; Smith v. Tobacco ByProducts & Chemical Corp., 243 F.2d 188, 44 C.C.P.A., Patents, 880; W. E. Kauten-berg Co. v. Ekco Products Co., 251 F.2d 628,…
2Cases cited14 opinions
- L. E. Waterman Co. v. Modern Pen Co.Supreme Court of the United States · 1914
- Lauritzen & Company, Inc. v. The Borden CompanyCourt of Customs and Patent Appeals · 1956
- Skol Co. v. OlsonCourt of Customs and Patent Appeals · 1945
- Salem Commodities, Incorporated v. The Miami Margarine CompanyCourt of Customs and Patent Appeals · 1957
- Dubonnet Wine Corporation v. Ben-Burk, Inc.Court of Customs and Patent Appeals · 1941
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