Libbey-Owens-Ford Glass Company v. General Aluminum Window Co., Inc

The court, reversing the decision of the Commissioner, holds that the appellee’s mark “Therm-O-Lite” must be refused registration because it so resembles “Thermopane” (the appellant’s registered trademark) that it is likely, when applied to the goods of the appellee, to cause confusion or mistake or deception of purchasers as to source or origin. I am unable to agree. It seems to me that the marks themselves, considered in the light of well established principles, clearly negative the likelihood of such confusion and that the circumstances under which they are used do not disturb that…