Nehi Corp. v. Mission Dry Corp.

The district court dismissed Nehi Corporation’s action to cancel Mission Dry Corporation’s registered trade-mark for soft drinks and bases and concentrates for preparing same. Nehi appeals.

Its first proposition is that Mission’s trade-mark “Royal Punch” is confusingly similar to its trade-mark “Royal Crown” when both are applied to soft drinks. It reasons that the test for confusion is applied to ordinary purchasers; that the ordinary purchasers of soft drinks are careless and casual purchasers ; therefore the confusion test in this instance should be applied to careless and casual purchasers.