Jiffy, Inc. v. Jordan Industries, Inc.

RICH, Judge

(dissenting).

I would affirm on the unanimous opinion of the board, 167 USPQ 563 (1970). The board considered the voluminous sales under the JIFFY mark which, no doubt, have made it well known. The better known it is, the less likelihood of confusion there would be, in my opinion, assuming concurrent use of JIF-LOK. Compare Lever Brothers Co. v. Producers Chemical Service, 283 F.2d 879, 48 CCPA 744 (1960), and In re General Electric Co., 304 F.2d 688, 49 CCPA 1186 (1962).