# M. K. M. Knitting Mills, Inc. v. Damon Creations, Inc.

> Court of Customs and Patent Appeals · June 9, 1966 · 357 F.2d 997

URL: https://www.frixlaw.com/law-library/cases/9451441

## Case

- **Full name:** M. K. M. KNITTING MILLS, INC., Appellant, v. DAMON CREATIONS, INC., Appellee
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 9, 1966
- **Citations:** 357 F.2d 997; 53 C.C.P.A. 1165
- **Precedential status:** Published
- **Opinion:** Dissent by Martin
- **Judges:** Martin, Kirkpatrick, Rich, Smith, Almond
- **Cited by:** 0 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/9451441

## Opinion text

MARTIN, Judge, with whom KIRKPATRICK, Senior District Judge, joins (dissenting):
The goods of the parties overlap. The spelling and appearance of the marks are highly similar, and the sound even more so. When the marks are considered, each in its entirety and removed in time and distant in place, it is clear to me that their concurrent use would be likely to cause confusion, mistake, or to deceive. This is particularly true since the marks can be used in speech. Appellant has not persuaded me of clear error in the board’s decision, and thus I would affirm.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451441. Public record. Not legal advice.