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42 Trademark Rep. 151 (1952)
Sussberg & (and) Feinberg, Inc. v. the Eastern Isles, Inc. - Commissioner of Patents - January 16, 1952

handle is hein.journals/thetmr42 and id is 209 raw text is: 42 T. M. R. SUSSBERG & FEINBERG v. EASTERN ISLES 151 Ex Parte Nisley Shoe Company, 13 U. S. P. Q. 304, 58 F. 2d 426, 19 C. C. P. A. 1211, but this decision shows that there was no doubt that a trade-mark could not be refused registration because it was the corporate name of the applicant, the confusion that existed was whether the trade-mark could be refused registration on other and different grounds. Since petitioner's testimony with respect to the najmes is not properly in the case, the contention based on it is likewise not properly in the case, but if it were it could only be dismissed as sham. The Examiner of Interferences also dismissed the petition for cancellation on the ground that petitioner had no standing to file the petition. Petitioner's brief contains no argument on this point other than an assertion that the examiner was in error. Since the grounds for cancellation raised by petitioner in the appeal are considered and held insufficient, there is no necessity for discussing this particular matter. The decision of the Examiner of Interferences dismissing the position fo- cancellation is affirmed. SUSSBERG & FEINBERG, INC. v. THE EASTERN ISLES, INC. Commissioner of Patents-January 16, 1952 TRADE-MARKs-DoMINANT FEATURE-PARTICULAR INSTANCES The word Treasures held the dominant feature of marks Treasures in Lingerie and Radelle Fine Lingerie 'She Treasures'. TRADE-MARKS-CONFUSING SIMILARITY-PARTICULAR INSTANCES Treasures in Lingerie, held confusingly similar to Radelle Fine Lingerie 'She Treasures', used on similar goods under 1946 Act. Use of name Radelle in connection with petitioner's mark Lingerie 'She Treas- ures', held not to diminish trade-mark significance of the latter and not sufficient to avoid likelihood of confusion where marks of the parties are otherwise confusingly similar. CANCELLATIONs-DEFENSES---GENERAL Omission of the word Fine from petitioner's wrapper, used on its goods, held an inconsequential modification of petitioner's registered mark which in no way impairs petitioner's right to cancel respondent's registration of confusingly similar mark. Appeal from Examiner of Interferences. Trade-mark cancellation proceedings by Sussberg & Feinberg, Inc. against The Eastern Isles, Inc. Respondent appeals from cancellation of registration. Affirmed. Munn, Liddy & Nathanson, of New York, N. Y., for petitioner. Harry Cohen for respondent. KLINGE, Assistant Commissioner: This is an appeal from the decision of the examiner of trade-mark interferences sustaining the petition filed by Sussberg & Feinberg, Inc., for cancellation of registration No. 518,509, registered December 6, 1949, on the Principal Register under the Act of 1946, to The Eastern Isles, Inc., for the trade-mark Treasures in Lingerie used on bed jackets, brunch coats, house coats, house dresses, night gowns, pajamas, panties, petticoats, robes, sleep coats, and slips.

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