Mead Johnson and Co. vs. N.V.J. Van Dorp, LTD. G. R. No.

L-17501 April 27, 1963 Facts: Mead Johnson & Comp., owner of the trademark ALACTA and a corporation organized under the laws of Indiana, U.S.A. filed an opposition to the application for registration of trademark ALASKA and pictorial representation of Boys Head within a rectangular design by N.V.J. Van Dorp. Mead Johnson & Co. averred that the latters trademark which is ALASKA is confusingly similar to ALACTA. Consequently, the Director of Patent Office dismissed the opposition and hold that the trademark of N.V.J. Van Dorp does not sufficiently resemble Mead Johnson & CO.s mark. Thus, Mead Johnson & Co. filed petition for review contending that trademarks ALASKA and ALACTA in appearance and sound are sufficiently close. Issue: Whether or not the ALASKA is confusingly similar to ALACTA which made N.V.J. Van Dorp appeared to be infringing the trademark of Mead Johnson & Co.. Held: No, N.V.J. Van Dorp does not infringe the trademark of Mead Johnson & Co..

It is true that between Mead Johnson & Co.s trademark "ALACTA" and N.V.J. Van Dorps "ALASKA" there are similarities in spelling, appearance and sound for both are composed of six letters of three syllables each and each syllable has the same vowel, but in determining if they are confusingly similar a comparison of said words is not the only determinant factor. The trademarks in their entirety as they appear in the respective labels must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other.