Chicago Pneumatic Tool Co. v. Bendix Aviation Corp.

DISSENTING OPINION

Bland, Judge:

I regret that I am unable to agree with the majority that the decision of the Commissioner should be reversed. I think the result he arrived at is supported by a great weight of authority.

My disagreement with the holding of the majority in reversing the decision of the Commissioner is based upon two reasons: First, the trade-marks are identical; second, it seems to me that, in view of the facts of record, confusion is likely to result.

The stipulated facts show that the trade-marks are identical; that the Bendix Aviation Corporation (hereinafter referred to as…