Legal Opinion · Dissent

Brown-Brockmeyer Co. v. Westinghouse Electric Corp.

Court of Customs and Patent Appeals

Decided June 24, 1952No. Patent Appeals 5886Published

1DissentO’Connell, Judge

Westinghouse properly concedes here in its brief that while the primary test with regard to the confusing similarity of trademarks attached to competing merchandise involves a consideration of the respective marks as a whole, nevertheless it is permissible and often necessary to dissect the marks in order to disclose prohibited descriptiveness or likelihood of confusion which otherwise may not be apparent.1

Westinghouse presenting its argument on the foregoing assumption contends that the only point of similarity between the involved marks, the suffix “Line,” is nowise descriptive of the…

2Cases cited19 opinions

  1. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
  2. Coca-Cola Co. v. Koke Co. of AmericaSupreme Court of the United States · 1920
  3. S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
  4. Bacardi Corp. of America v. DomenechSupreme Court of the United States · 1940
  5. John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938

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