Legal Opinion · Concurrence

Schenley Industries, Inc. v. Fournier, Inc.

Court of Customs and Patent Appeals

Decided March 24, 1966No. Patent Appeal 7545Published

1ConcurrenceSmith, Judge

The similarity between “Two Feathers” and “Three Feathers” is so close that when they are spoken as trademarks they will sound alike and will be likely to create confusion, mistake and purchaser deception when used on related goods. This fact makes it unnecessary to here consider the futher visual embellishments shown in appellee’s com-posit mark. The goods of both parties are such that spoken marks will be used to call for and designate the goods of the respective parties.

For the reasons more fully stated in Hollywood Water Heater Co. v. Holly-matic Corp., 274 F.2d 679, 47 CCPA 782. I do not…

2Cases cited2 opinions

  1. Hollywood Water Heater Co. v. Hollymatic CorporationCourt of Customs and Patent Appeals · 1960
  2. Castle & Cooke, Inc. v. Joseph E. Seagram & Sons, Inc., Assignee of Royal Hawaiian Liqueurs, Ltd.Court of Customs and Patent Appeals · 1965

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