Opinion

Hot Shoppes, Inc. v. The Borden Company

  • 404 F.2d 999
  • 56 C.C.P.A. 891
Court
Court of Customs and Patent Appeals
Filed
Mar 6, 1969
Status
Published
Author
Worley
On the bench
Worley, Rich, Smith, Almond, Baldwin
Cited by
2 cases

The opinion

WORLEY, Chief Judge

(dissenting).

It seems inescapable to me that when the average purchasers of “MIGHTY MO” sandwiches see “MIGHTY MALT” on frozen confections, they would be clearly justified in assuming, and would doubtless assume, that the goods have a common source.

There is no apparent reason applicant could not have selected a less confusing mark. And certainly, on this record, the first user and registrant of “MIGHTY MO” is entitled to have doubt on “a likelihood of confusion” resolved in its favor and against the newcomer “MIGHTY MALT.”

I would reverse.

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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