Alpha Corp. of America v. Columbia Broadcasting System, Inc.

463 F.2d 1098, 59 C.C.P.A. 1195
CourtCourt of Customs and Patent Appeals
DecidedAugust 17, 1972
DocketNo. 8728
StatusPublished
Cited by1 cases

This text of 463 F.2d 1098 (Alpha Corp. of America v. Columbia Broadcasting System, Inc.) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alpha Corp. of America v. Columbia Broadcasting System, Inc., 463 F.2d 1098, 59 C.C.P.A. 1195 (ccpa 1972).

Opinion

Clark, Justice.

In this appeal Alpha Corporation, appellant-applicant [Alpha], seeks to overturn the decision of the Trademark Trial and Appeal [1196]*1196Board1 sustaining the opposition of Columbia Broadcasting System, Inc., appellee-opposer [CBS], to the registration of Alpha’s mark.2 The board found, on a stipulated record, that in cases “such as this involving two design marks which are not word marks and are not capable of being spoken, the question must be decided primarily on the basis of the visual similarity of the marks.” It thought that Alpha’s “eye design is similar to opposer’s” [CBS] ; it believed this to be “quite significant” in view of “opposer’s long practice of using its design in connection with letters and numerals”; and it concluded that persons encountering Alpha’s goods “are likely to mistakenly assume that they originate with opposer or one of its affiliated companies” and, therefore, denied registration.3 We do not agree and enumerate our reasons for reversal.

1. The Parties and Their Marks:

The stipulation of the parties indicates that Alpha is an Illinois corporation with its principal office in Chicago. It is engaged in the production of all kinds of audio visual materials for educational institutions on a variety of subjects pertaining to religion, science and social studies. It sells its materials in packaged sets comprising a film strip, a recording and a study manual for approximately $100.00 per set. Its sales at the time of the stipulation exceeded $250,000.00 and were largely to schools and churches and through direct salesmen, mail order brochures and periodicals advertisements. Since November 1965, Alpha has continuously used as a trademark “a composite design * * * comprising the letter A’ representing the first initial of both the dominant part of applicant’s corporate name ‘Alpha’ and the word ‘audio’, with the cross-bar of the letter ‘A’ being a representation of a human eye, superimposed in part on the cross-bar of the letter A, which design symbolizes the ‘visual’ portion of applicant’s ‘audiovisual’ business,” reproduced below:

[1197]*1197

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Related

In re ATV Network Ltd.
552 F.2d 925 (Customs and Patent Appeals, 1977)

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Bluebook (online)
463 F.2d 1098, 59 C.C.P.A. 1195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpha-corp-of-america-v-columbia-broadcasting-system-inc-ccpa-1972.