Continental Coffee Co., Inc. v. Continental Foods, Inc

A side-by-side comparison of the contested marks here in issue will of course yield the arguable distinctions which control the decision of majority. Such a ritual, almost invariably, exploits the trivial, ignores the important, and winds up with a finding of fact that is far from realistic. For that reason the method has been universally condemned because , it is not the proper criterion by which the likelihood of confusion is to be determined. E. g., Vital Foods Corporation v. Miles Laboratories, Inc., 156 F.2d 77, 33 C.C.P.A., Patents, 1136; United Drug Co. v. Mercirex Co., 182 F.2d 222,…