TaiLexi AI U.S. Case Law

Application of the Belgrade Shoe Company

Application of the Belgrade Shoe Co., 411 F.2d 1352 (C.C.P.A. 1969)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Customs and Patent Appeals · Federal Specialty Courts
Decided
July 3, 1969
Docket
No. Patent Appeal 8103
Judges
Worley, Rich, Almond, Baldwin
Citations
411 F.2d 135256 C.C.P.A. 1298

Opinion — Baldwin

BALDWIN, Judge.

This is an appeal from the decision 1

of the Trademark Trial and Appeal Board rendered October 28, 1966 rejecting the application 2

of Belgrade Shoe Company for registration of its trademark COL“EE JUN S” as applied to women’s and girls’ shoes on the Principal Register. The examiner’s refusal is under section 2(d) of the Trademark Act of 1946 ( 15 U.S.C. § 1052 (d)), based on the registered mark COLLEGI-ENNE 3

as applied to shoes of leather, rubber, fabric and combinations, girls’ and junior girls’ hats, coats, suits, dresses, sweaters, skirts, and blouses.

The basis of rejection is that the appellant’s mark so closely resembles the registered mark in sound and in meaning as to create likelihood of confusion, mis *1353 take, or deception when used on the identical and closely related goods.

The appellant acknowledges that “there is no correct pronunciation of a trademark.” We think that one is very likely to pronounce “Collegienne” as if it were spelled “Colleejen”

or “Colleejun.” Thus, in sound, the appellant’s mark differs from the registered mark primarily in that the former is the plural form of the latter, which we feel does not amount to a material difference in a trademark sense. Wilson v. Delaunay, 245 F.2d 877 , 44 CCPA 1019 (1957). We feel that the two very similar marks, when applied to the same goods, would create a likelihood of confusion.

The appellant has argued that third party registrations in the record would indicate the reference registration is a “weak” mark and therefore “less likely to be confused.” The question still remains whether the marks viewed as a whole create a likelihood of confusion. Lilly Pulitzer, Inc. v. Lilli Ann Corp., 376 F.2d 324 , 54 CCPA 1295 (1967). Third party registrations have very little weight on the issue.

The decision of the board is affirmed.

Affirmed.

1

. Summarized at 152 USPQ 836 .

2

. Serial No. 174,488, filed August 6, 1963.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1971: 11973: 21978: 12002: 12006: 12009: 12010: 12013: 12014: 12016: 12022: 119712026peak 1973 · 2

Relies on it most ⓘ

  1. In re Cordua Restaurants, Inc.823 F.3d 594 (Fed. Cir. 2016)
  2. Stoncor Group, Inc. v. Specialty Coatings, Inc.759 F.3d 1327 (Fed. Cir. 2014)
  3. Clairol Incorporated v. Roux Laboratories, Inc.442 F.2d 980 (C.C.P.A. 1971)
  4. AMF Inc. v. American Leisure Products, Inc.474 F.2d 1403 (C.C.P.A. 1973)
  5. In re Clorox Co.578 F.2d 305 (C.C.P.A. 1978) · Concurrence
  6. Sheraton Corp. of America v. Sheffield Watch, Inc.480 F.2d 1400 (C.C.P.A. 1973)

Most recent

  1. Shenzhen IVPS Technology Co. Ltd. v. Fancy Pants Products, LLCNo. 91263919 (T.T.A.B. Oct. 31, 2022)
  2. In re Cordua Restaurants, Inc.823 F.3d 594 (Fed. Cir. 2016)
  3. Stoncor Group, Inc. v. Specialty Coatings, Inc.759 F.3d 1327 (Fed. Cir. 2014)
  4. Embarcadero Technologies, Inc. v. RStudio, Inc.No. 91193335 (T.T.A.B. Feb. 14, 2013)
  5. Lebanese Arak CorporationNo. 77072261 (T.T.A.B. Mar. 4, 2010)
  6. Eveready Battery Company, Inc. v. Green Planet, Inc.No. 91180015 (T.T.A.B. July 21, 2009)

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
Lilly Pulitzer, Inc. v. Lilli Ann Corp., 376 F.2d 324 (C.C.P.A. 1967) 18
Wilson v. Delaunay, 245 F.2d 877 (C.C.P.A. 1957) 16

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list