# National Ass'n of Blue Shield Plans v. Standard Mattress Co.

> Court of Customs and Patent Appeals · June 14, 1973 · 478 F.2d 1253

URL: https://www.frixlaw.com/law-library/cases/8890148

## Case

- **Full name:** NATIONAL ASSOCIATION OF BLUE SHIELD PLANS v. The STANDARD MATTRESS COMPANY
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 14, 1973
- **Citations:** 478 F.2d 1253; 178 U.S.P.Q. (BNA) 153; 1973 CCPA LEXIS 332
- **Precedential status:** Published
- **Opinion:** Dissent by Markey
- **Judges:** Baldwin, Markey
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8890148

## Opinion text

MARKEY, Chief Judge
(dissenting).
The fame of Blue Shield plus the association of health with mattresses is likely to lead to confusion, of which assumed sponsorship is one form. The marks are likely to be spoken at least as *1256 much as seen, making the shield of little effect. The climate for actual misrepresentation, i. e., a likelihood of confusion, seems clear.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8890148. Public record. Not legal advice.