IN THE MATTER OF THE APPLICATION OF E.I. DuPONT DeNEMOURS & CO. (ASSIGNEE OF HORIZON INDUSTRIES CORPORATION), 476 F.2d 1357

Summary

Appellant sought review of a decision affirming a refusal to register appellant's mark for a cleaning agent for use on automobiles, under section 2(d) of the Lanham Act, 15 U.S.C.S. §1052(d), on the basis of likelihood of confusion with another company's registered mark for an all-purpose detergent. Appellant purchased the other company's mark for the automobile-cleansing product, signing an agreement designed to avoid conflict, with the other company giving up the use of the mark in appellant's market and vice-versa. The examiner, aware of the assignment and agreement, nonetheless refused registration, and the board affirmed, holding that despite the agreement there was a likelihood of confusion, mistake or deception between the marks. The appellate court held, after reviewing the entire record, that confusion was not likely. The court reasoned that the assignment of the mark and agreement was more than mere consent and that appellant's application was rejected without proper ...