Westlaw Headnote of the Day – December 3, 2010

December 3, 2010

West's Key 382T Trademarks
West's Key 382TIII Similarity Between Marks; Likelihood of Confusion
West's Key 382Tk1100 Relationship Between Goods or Services Underlying Marks
West's Key 382Tk1103 k. Particular Goods and Services, Relationship Between.

Mark “mayo 7,” as applied to an imitation, low calorie mayonnaise, would not create likelihood of confusion with the Mayo Clinic, Mayo Foundation or the Mayo Brothers, either by suggesting the Clinic as the source of the mayonnaise or by suggesting approval of the low calorie product by the Clinic, particularly in light of fact that “mayo” is a recognized slang expression for “mayonnaise.”
Frederick Gash, Inc. v. Mayo Clinic, 461 F.2d 1395 (C.C.P.A. 1972)