“Johnston’s No Roach” would infringe “Johnson Ant Killer” even though “No Roach” dominates the mark, because its dominance is not so great that it eliminates Johnston as an indication of the source or origin
How later courts described this case
- “Johnston’s No Roach” would infringe “Johnson Ant Killer” even though “No Roach” dominates the mark, because its dominance is not so great that it eliminates Johnston as an indication of the source or origin
Written by the judges who cited it.
The opinion
SMITH, Judge
(concurring).
It is my opinion applicant has not established use of its mark as alleged in its application. I would therefore reverse solely on this ground.