# Vita-Var Corporation v. Galvicon Corporation

> Court of Customs and Patent Appeals · December 22, 1960 · 284 F.2d 953

URL: https://www.frixlaw.com/law-library/cases/9447668

## Case

- **Full name:** VITA-VAR CORPORATION, Appellant, v. GALVICON CORPORATION, Appellee
- **Court:** Court of Customs and Patent Appeals
- **Decided:** December 22, 1960
- **Citations:** 284 F.2d 953; 48 C.C.P.A. 771
- **Precedential status:** Published
- **Opinion:** Dissent by Worley
- **Judges:** Worley, Rich, Martin, Smith, Kirkpatrick
- **Cited by:** 3 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/9447668

## Opinion text

WORLEY, Chief Judge
(dissenting).
In my opinion “Galvicon” and “Galva-num” are so similar in sound, appearance, and meaning that their concurrent use on the goods of the respective parties, which are substantially identical, would be quite likely to lead to confusion. In view of that fact, and of the well-settled rule that doubts as to registrability should be resolved against the newcomer, I am of the opinion that appellant’s opposition should have been sustained and that the decision appealed from should be reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447668. Public record. Not legal advice.