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CANADA DRY CORP. v. AMERICAN HOME PRODUCTS CORP.

468 F.2d 207 (1972)

CANADA DRY CORPORATION, Appellant, v. AMERICAN HOME PRODUCTS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

October 26, 1972.

Attorney(s) appearing for the Case

Francis J. Sullivan, attorney of record, for appellant.

Mortimer Altin, Julius A. Bell, New York City, attorneys of record, for appellee.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.

ALMOND, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 164 USPQ 154, dismissing appellant's opposition upon the ground that registration of the trademark in question is not reasonably likely to cause confusion or mistake or to deceive.

American Home Products Corporation filed application to register "HI-SPOT" for a laundry detergent, asserting first use on April 17, 1967. Canada Dry Corporation, registrant of "HI-SPOT" for...

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