7/28/2019 Mead Johnson and Co

1/1

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 underthe laws of Indiana, U.S.A. filed an opposition to the application for registration of trademarkALASKA 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, MeadJohnson & Co. filed petition for review contending that trademarks ALASKA and ALACTA inappearance and sound are sufficiently close.

Issue:

Whether or not the ALASKA is confusingly similar to ALACTA which made N.V.J. Van Dorpappeared 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 arecomposed 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 onlydeterminant 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 discerningeye 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 isconfusingly similar to the other.