Opinion

Minnesota Mining and Manufacturing Company v. Crown 400 Corporation

290 F.2d 595
48 C.C.P.A. 1030

Court: Court of Customs and Patent Appeals
Filed: Jul 13, 1961
Status: Published
Author: Smith
On the bench: Smith, Kirkpatrick, Worley, Rich, Martin
Cited by: 0 cases

The opinion

SMITH, Judge, with whom KIRKPATRICK, Judge, joins

(dissenting).

The words “Scotch” and “Scotty” are common and well-understood English words which are so distinct in appearance, sound and meaning that we do not think confusion, mistake or deception of purchasers would be likely when the marks are used on the respective goods of the parties. We would, therefore, affirm the decision of the Trademark Trial and Appeal Board.

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