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JOHN H. BRECK, INC. v. ARMAND CO.

Patent Appeal No. 6096.

225 F.2d 246 (1955)

JOHN H. BRECK, Inc., Appellant, v. The ARMAND CO. (Colgate-Palmolive Co., Assignee, Substituted), Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 15, 1955.

Attorney(s) appearing for the Case

Walter C. Ross, Springfield, Mass. (Francis C. Browne, Washington, D. C., of counsel), for appellant.

Bair, Freeman & Molinare, Chicago, Ill. (Will Freeman and W. M. VanSciver, Chicago, Ill., of counsel), for appellee.

Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY and COLE, Judges.

WORLEY, Judge.

The question presented in this appeal is whether concurrent use of the respective trade-marks "Brisk" and "Breck," also "Breck's," on goods of the same descriptive properties would be likely to cause confusion within the meaning of Section 2(d)1 of the Lanham Act, 60 Stat. 428, 15 U.S.C.A. § 1052.

The applicant, appellee here, alleges use of the mark "Brisk" on shaving

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