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NEHI CORP. v. MISSION DRY CORP.

No. 11284.

213 F.2d 950 (1954)

NEHI CORP. v. MISSION DRY CORP.

United States Court of Appeals Third Circuit.

Decided June 16, 1954.

Attorney(s) appearing for the Case

Ellis W. Leavenworth, New York City (Watson, Leavenworth, Kelton & Taggart, New York, N. Y., Parker & Walsh, Washington, D. C., Richards, Layton & Finger, Wilmington, Del., Raymond A. Walsh, Henry M. Canby, Wilmington, Del., on the brief), for appellant.

Albert J. Fihe, Burbank, Cal. (Morris, Steel, Nichols & Arsht, and William S. Megonical, Jr., Wilmington, Del., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

The district court dismissed Nehi Corporation's action to cancel Mission Dry Corporation's registered trade-mark for soft drinks and bases and concentrates for preparing same. Nehi appeals.

Its first proposition is that Mission's trade-mark "Royal Punch" is confusingly similar to its trade-mark "Royal Crown" when both are applied to soft drinks. It reasons that the test for confusion is applied to ordinary purchasers; that the ordinary purchasers...

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