Sealy, Incorporated v. Simmons Company

MARTIN, Judge.

This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, reversing the Examiner of Interferences and dismissing an opposition to the application 1 for registration by the Simmons Company, appellee here, of the mark “Baby Posture,” for mattresses. The appellant, Sealy, Incorporated, opposed the application on the ground of likelihood of confusion of prospective purchasers between “Baby Posture” and appellant’s prior registered “Posture-pedic” 2 and “Posture Pillow” 3 and the unregistered mark “Baby Posturepedie,” each mark being…