Colgate-Palmolive Company v. Carter-Wallace, Inc., by Change of Name From Carter Products Inc.

With respectful deference for the views of the majority, I cannot agree that a reasonable likelihood of confusion does not exist in the concurrent use of PEAK and PEAK PERIOD on the two consumer products here involved — dentifrice and deodorant. These are both low-cost, consumer-purchased, shelf items in the same category of merchandise, sold in the same departments of the same stores for the related uses of personal hygiene, bought by persons of all degrees of intelligence and perspicacity —some of them careless.

Appellant is admittedly the prior user and registrant and the rule is well…