MASTIC TILE CORPORATION OF AMERICA v. CONGOLEUM-NAIRN, INC.

Patent Appeal No. 6663.

288 F.2d 954 (1961)

MASTIC TILE CORPORATION OF AMERICA (the Ruberoid Co., Mastic Tile Division, assignee, substituted), Appellant, v. CONGOLEUM-NAIRN, INC., Appellee.

United States Court of Customs and Patent Appeals.

April 14, 1961.


Attorney(s) appearing for the Case

Ostrolenk, Faber, Gerb & Soffen, Sidney G. Faber, New York City (Marvin C. Soffen, New York City, of counsel), for appellant.

Richard T. Laughlin, Berkeley Heights, N. J., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


WORLEY, Chief Judge.

The parties stipulate that the sole issue here is whether "applicant's mark `Wearever' when used on vinyl floor tile so resembles opposer's registered mark `Flor-Ever' for vinyl floor tile as to be likely to cause confusion or mistake among purchasers."

The Trademark Trial and Appeal Board was of the opinion that the respective marks "have substantially identical connotations," and, when coupled with other features of similarity, concluded...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases