Opinion

Rexall Drug Company v. Manhattan Drug Company

  • 284 F.2d 391
  • 48 C.C.P.A. 756
Court
Court of Customs and Patent Appeals
Filed
Dec 8, 1960
Status
Published
Author
Worley
On the bench
Worley, Rich, Martin, Smith, Kirkpatrick
Cited by
3 cases

The opinion

WORLEY, Chief Judge

(dissenting).

I agree with the following statement of the Trademark Trial and Appeal Board:

■ The goods on which “Asmatab” and “Asma-Kets” are used are similar in form and composition and are adapted for sale without prescription for the treatment of the same commonplace complaints. As applied to such products, the similarities between these marks are believed to be such that confusion or mistake or deception of purchasers is quite likely to occur.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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