Phillips Petroleum Company v. C. J. Webb, Inc., by Change of Name From Chas. J. Webb Sons Co., Inc., D.B.A. Corrosion Reaction Consultants · 442 F.2d 1376

"we must not be misled by considering [applicant's] mark only in its printed or typewritten form, with all the characters being of equal height."

How later courts described this case

"we must not be misled by considering [applicant's] mark only in its printed or typewritten form, with all the characters being of equal height."
“The drawing in the [opposed] application shows the mark typed in capital letters, and ... this means that [the] application is not limited to the mark depicted in any special form.”
"The drawing in the instant application shows the mark typed in capital letters, and ... this means that [the] application is not limited to the mark depicted in any special form."
“Webb’s application is not limited to the mark depicted in any special form. In trying to visualize what other forms the mark might appear in, we are aided by the specimens submitted with Webb’s application.”

Written by the judges who cited it.

The opinion

BALDWIN, Judge,

(dissenting).

I disagree with the majority opinion. I fail to see where appellee’s mark “CRC MARINE FORMULA 6-66” bears such resemblance to Phillips’ mark “66” as to be likely to cause mistake or confusion or to deceive as to the source of the goods here involved. I would affirm.