Seabrook Foods, Inc. v. Bar-Well Foods Ltd.

With all due respect, I disagree with the opinion of the majority point by point. Applicant has inexcusably copied an inherently distinctive, origin-indicating feature of op-poser’s registered trademark which could only have been done for the purpose of creating purchaser confusion. This opposition should be sustained if only as a matter of promoting business morality. Ex post facto, the applicant-appellee has scrounged around in the field for excuses to justify its conduct and should not be given the encouragement of the unduly legalistic reasoning of the majority opinion, which focuses…