Opinion

Daggett & Ramsdell, Inc. v. I. Posner, Inc

277 F.2d 952
47 C.C.P.A. 952

Court: Court of Customs and Patent Appeals
Filed: May 3, 1960
Status: Published
Author: Martin
On the bench: Francis, Martin, Rich, Smith, Van Dusen, Worley
Cited by: 4 cases

The opinion

MARTIN, Judge, with whom SMITH, Judge, joins

(dissenting).

Although applicant’s mark includes “Posner’s” I believe that the trademark significance to the public would reside in “ebonaire” and there is sufficient similarity between “ebonaire” and “Debonair” to raise some doubt in my mind as to the likelihood of confusion. Therefore, I would reverse the decision of the Trademark Trial and Appeal Board.

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