Frankfort Distilleries, Inc. v. Kasko Distillers Products Corp.

The decision of the commissioner should be sustained. In my opinion the .respective marks should be considered as a whole. I can see no conspicuous feature in either of the marks. Certainly when they are considered as a whole with respect to their appearance, sound and meaning they differ radically. I see'no occasion to take the marks apart, and I think the rule as stated by us in the case of Norris, Inc., v. Charms Co., Patent Appeal No. 4288, 111 F.2d 479, 27 C.C.P.A., Patents, -, decided concurrently, is applicable in the instant case. In that case we said: “It is a familiar rule that in…