Opinion

S. C. Johnson & Son, Inc. v. Gaston Johnston Corporation

  • 305 F.2d 474
  • 49 C.C.P.A. 1225
  • 134 U.S.P.Q. (BNA) 310
  • 1962 CCPA LEXIS 206
Court
Court of Customs and Patent Appeals
Filed
Jul 25, 1962
Status
Published
Author
Smith
On the bench
Worley, Rich, Martin, Smith
Cited by
1 cases

“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.

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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