Westgate-Sun Harbor Co. v. Watson, Commissioner of Patents

I agree with all the reasons stated by Judge CLARK, except one, as to why the 1931 decision in Van Camp Sea Food Co., Inc. v. Westgate Sea Products Co., 1931, 18 C.C.P.A. 1311, 48 F.2d 950, is res judicata of the present case.1 The one disagreement leads me to conclude res judicata does not apply. The 1931 decision was rendered on the basis of a comparison of the marks themselves and the opinion of several witnesses that the use of “Breast-O’-Chicken” would cause confusion in the trade. The mark had not been long in use when the *463record was made on which the 1931 decision was based. The…