Alpha Corp. of America v. Columbia Broadcasting System, Inc.

Clark, Justice.

In this appeal Alpha Corporation, appellant-applicant [Alpha], seeks to overturn the decision of the Trademark Trial and Appeal *1196Board1 sustaining the opposition of Columbia Broadcasting System, Inc., appellee-opposer [CBS], to the registration of Alpha’s mark.2 The board found, on a stipulated record, that in cases “such as this involving two design marks which are not word marks and are not capable of being spoken, the question must be decided primarily on the basis of the visual similarity of the marks.” It thought that Alpha’s “eye design is similar to opposer’s” [CBS] ; it…