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FLEETWOOD COMPANY v. MITCHUM COMPANY

Patent Appeal No. 7006.

323 F.2d 1015 (1963)

The FLEETWOOD COMPANY, Assignee of Cosmetic Manufacturing Co., Appellant, v. The MITCHUM COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 17, 1964.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., for appellant.

Martin J. Beran, Alfred E. Page, New York City (Alex Friedman, Blum, Moscovitz, Friedman, Blum & Kaplan, New York City, of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

Fleetwood seeks registration of "FAYD" as a trademark1 for a skin cream. Mitchum opposes on its prior use of "Esoterica" on skin creams with which it employs the word "fade." Mitchum argues that "FAYD" is the phonetic equivalent of "fade" and, therefore, descriptive of skin creams; that registration of "FAYD" "would be likely to cause confusion and mistake and to deceive purchasers into believing that applicant has...

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