PAULA PAYNE PRODUCTS COMPANY, Appellant, v. JOHNSON PUBLISHING COMPANY, INC., Appellee., 473 F.2d 901

Summary

Appellant registrant sought review of decision of the Trademark Trial and Appeal Board dismissing its opposition to registration of appellee company's mark for spray type hair preparation. The court reversed, finding that there was a likelihood of confusion within the meaning of section 2(d) of the Lanham Act, 15 U.S.C.S. § 1052(d) between SPRAY 'N' GLOW hair conditioner or brightener spray and SPRAY 'N STAY hair spray. The average purchaser, it was concluded, would likely assume the respective products to be hair sprays formulated to provide slightly different effects, but produced by the same source.