Wincharger Corporation v. Wiancko Engineering Company

I am unable to agree with the majority in its conclusion that the marks are not confusingly similar. The Board found that “ ‘Winco’ and ‘Wiancko’ are substantially different in appearance, and while they contain some similarity in sound, they are readily distinguishable in that respect.” — a finding adopted by the majority of this court though not in exactly the same terms. Judging by eye and ear, which is necessarily the basic consideration in trademark cases of this kind, I am unable to reach any conclusion other than that the marks are not substantially different in appearance and are not…