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Keywords

plaintiffdefendantappealtrialwilltrademarksustained

plaintiffdefendantappealtrialtrademark

Related Cases

Johnson and Johnson v. Colgate-Palmolive Co., 345 F.Supp. 1216, 175 U.S.P.Q. 287

Facts

Plaintiff Johnson & Johnson manufactures an adult talcum powder with deodorant properties under the trademark 'Shower to Shower.' Defendant Colgate-Palmolive sells an aerosol deodorant and antiperspirant under the trademark 'Hour After Hour.' Colgate opposed Johnson's application to register 'Shower to Shower,' claiming it resembled 'Hour After Hour' and was likely to cause confusion. The Trademark Trial and Appeal Board sustained Colgate's opposition, leading Johnson to challenge this decision in court.

Issue

Whether the trademark 'Shower to Shower' resembles 'Hour After Hour' to the extent that it is likely to cause confusion, mistake, or deception among consumers.

Rule

The court must determine if the marks are likely to cause confusion by considering the marks themselves, the goods they represent, and the overall market context. The primary function of a trademark is to identify the origin of goods, and a mark that is merely descriptive or suggestive will have limited protection unless it has acquired a secondary meaning.

The decision of the Trademark Trial and Appeal Board as to confusing similarity of two marks must be accepted as controlling by the district court, unless the contrary is established by evidence which in character and amount carries thorough conviction.

Analysis

In applying the rule, the court examined the similarities and differences between the trademarks and the products. It noted that while both products are toiletries, they serve different purposes and are marketed differently. The court found that the marks, while similar in sound, did not create a likelihood of confusion for an ordinary prudent buyer, especially given the distinct nature of the products.

In determining whether marks of parties would be likely, when applied to their respective goods, to cause confusion, or to cause mistake or to deceive, district court would have to consider not only the marks, but the goods and the whole situation revealed by the record, as it bore on their distribution in the market, recognizing the practicalities of the commercial world.

Conclusion

The court concluded that 'Shower to Shower' does not so resemble 'Hour After Hour' as to likely cause confusion, and thus Johnson is entitled to register its trademark.

Plaintiff's trademark 'Shower to Shower,' when applied to body powder, did not so resemble defendant's trademark 'Hour After Hour,' when applied to aerosol deodorant or antiperspirant, as to be likely to cause confusion, mistake or deception.

Who won?

Johnson & Johnson prevailed in this case because the court found that the evidence did not support a likelihood of confusion between the two trademarks. The court emphasized the distinct purposes of the products and the lack of actual confusion in the marketplace, leading to the conclusion that the trademarks were not confusingly similar.

Johnson & Johnson prevailed in this case because the court found that the evidence did not support a likelihood of confusion between the two trademarks.

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