Opinion

United-Hagie Hybrids, Inc. v. Escambia Chemical Corporation

  • 404 F.2d 987
  • 56 C.C.P.A. 800
Court
Court of Customs and Patent Appeals
Filed
Jan 9, 1969
Status
Published
Author
Kirkpatrick
On the bench
Worley, Rich, Almond, Baldwin, Kirkpatrick
Cited by
1 cases
Authority
More cited than 24.8%

The opinion

KIRKPATRICK, Judge

(concurring).

I concur in the result reached by the majority in the present case for the reasons set out in the two dissenting opinions in Planters Nut & Chocolate Co. v. Crown Nut Co., 305 F.2d 916 , 50 CCPA 1120. Viewing the symbols in their en-tireties the appellee’s mark simply bears no resemblance ■ to the appellant’s. The only thing in which any similarity can be found is in the concept of a kicking mule, plus the use of the word “kick” in the slogan which accompanies each mark. This I think is insufficient ground on which to base a finding that the applicant’s mark “so resembles a mark registered in the Patent Office * * * as to be likely * * * to cause confusion,” etc. which is the statutory requirement. The majority evidently feels that similarity of an abstract concept is not sufficient to overcome lack of resemblance and I agree.

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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