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Spice Islands Company, a Corporation v. Spice Land Products, Inc., a Corporation

SPICE ISLANDS COMPANY, a Corporation, Plaintiff-Appellee, v. SPICE LAND PRODUCTS, Inc., a Corporation, Defendant-Appellant

Spice Islands Co., a Corp. v. Spice Land Prods., Inc., 262 F.2d 356 (2d Cir. 1959)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
January 8, 1959
Docket
Nos. 76, Docket 25226
Judges
Clark, Hincks, Lumbard, Per Curiam
Citations
262 F.2d 356120 U.S.P.Q. (BNA) 641959 U.S. App. LEXIS 5480

Opinion — Per Curiam

PER CURIAM.

Our review of the district court's judgment presents the question of whether defendant’s use of the mark “Spice Land” on its spice products infringes the plaintiff’s registered mark “Spice Islands” for similar products. We agree with Judge Abruzzo that the defendant has infringed the plaintiff’s valid mark, and we affirm the judgment enjoining the defendant from the use of “Spice Land” as a trademark or designation in connection with packing, processing, advertising, distributing or marketing of spices or related products.

We find no merit in the defendant’s contention that the plaintiff’s mark *357 is a mere description, geographical or otherwise, and therefore unregistrable. 15 U.S.C.A. § 1052 (e). To the contrary, the mark is sufficiently fanciful to sustain the relief accorded. However, since there is also ample support in the record for Judge Abruzzo’s finding that the plaintiff’s mark had “by reason of extensive advertising and use” attained a secondary meaning sufficient to entitle it to protection, we place our affirmance on that alternative ground as well.

Finally it is self-evident that when compared with “Spice Islands” the use of “Spice Land” as a trademark for spices and similar products is “likely to cause confusion or mistake or to deceive purchasers as to the source of origin of the goods or services.” 15 U.S.C.A. § 1114 (1). The word combinations are strikingly similar in sound and meaning. Maternally Yours, Inc. v. Your Maternity Shop, Inc., 2 Cir., 1956, 234 F.2d 538, 542 ; Douglas Laboratories Corp. v. Copper Tan, Inc., 2 Cir., 1954, 210 F.2d 453 , certiorari denied 1954, 347 U.S. 968 , 74 S.Ct. 779 , 98 L.Ed. 1109 .

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 13 cases

View all citing references →
1959: 21960: 11963: 11967: 11969: 11970: 11971: 11974: 11979: 11984: 11993: 11994: 119592026peak 1959 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Maternally Yours, Inc. v. Your Maternity Shop, Inc., 234 F.2d 538 (2d Cir. 1956) 297
Douglas Lab'ys Corp. v. Copper Tan, Inc., 210 F.2d 453 (2d Cir. 1954) 42

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