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    Etepha v. Director of Patents

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    Determinedlawstudent Futurelawyer
    The Director of Patents allowed Westmont Pharmaceuticals to register the trademark "Atussin" for its cough medicine, over the objections of Etepha AG who held the registered trademark "Pertussin" for a similar cough medicine. The court affirmed this decision, finding that the trademarks were sufficiently distinct when considering the different styles of writing, labeling, colors, and sounds of the words. Specifically, "Pertussin" was written diagonally in a stylized script versus the horizontal block letters of "Atussin", and the prefixes did not sound alike when pronounced. The labels also had distinct visual appearances that would not cause confusion among consumers. Therefore, registration of the "Atussin" trademark was

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    Etepha v. Director of Patents

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    Determinedlawstudent Futurelawyer
    114 views2 pages
    The Director of Patents allowed Westmont Pharmaceuticals to register the trademark "Atussin" for its cough medicine, over the objections of Etepha AG who held the registered trademark "Pertussin" for a similar cough medicine. The court affirmed this decision, finding that the trademarks were sufficiently distinct when considering the different styles of writing, labeling, colors, and sounds of the words. Specifically, "Pertussin" was written diagonally in a stylized script versus the horizontal block letters of "Atussin", and the prefixes did not sound alike when pronounced. The labels also had distinct visual appearances that would not cause confusion among consumers. Therefore, registration of the "Atussin" trademark was

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    5. Etepha v. Director of patents

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    The Director of Patents allowed Westmont Pharmaceuticals to register the trademark "Atussin" for its cough medicine, over the objections of Etepha AG who held the registered trademark "Pertussin" for a similar cough medicine. The court affirmed this decision, finding that the trademarks were sufficiently distinct when considering the different styles of writing, labeling, colors, and sounds of the words. Specifically, "Pertussin" was written diagonally in a stylized script versus the horizontal block letters of "Atussin", and the prefixes did not sound alike when pronounced. The labels also had distinct visual appearances that would not cause confusion among consumers. Therefore, registration of the "Atussin" trademark was

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    114 views2 pages

    Etepha v. Director of Patents

    Uploaded by

    Determinedlawstudent Futurelawyer
    The Director of Patents allowed Westmont Pharmaceuticals to register the trademark "Atussin" for its cough medicine, over the objections of Etepha AG who held the registered trademark "Pertussin" for a similar cough medicine. The court affirmed this decision, finding that the trademarks were sufficiently distinct when considering the different styles of writing, labeling, colors, and sounds of the words. Specifically, "Pertussin" was written diagonally in a stylized script versus the horizontal block letters of "Atussin", and the prefixes did not sound alike when pronounced. The labels also had distinct visual appearances that would not cause confusion among consumers. Therefore, registration of the "Atussin" trademark was

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    5. Etepha v. Director of Patents, No.

    L-20635 March 31, 1966


    Facts:
    Respondent Westmont Pharmaceuticals, Inc., a New York corporation, sought
    registration of trademark “Atussin” placed on its “medicinal preparation of expectorant
    used in the treatment of cough”.
    Petitioner, Etepha, A.G., a Liechtenstin corporation, objected. It claims that it will
    be damaged because Atussin is so confusedly similar to its registered “Pertussin” used
    on a preparation for the treatment of coughs, that the buying public will be misled into
    believing that Westmont’s product is that of petitioner’s which allegedly enjoys goodwill.
    Respondent’s label underscores the trademark Atussin in bold, block letters
    horizontally written.
    In petitioner’s, on the other hand, Pertussin is printed diagonally upwards and
    across in semiscript style with flourishes and with only the first letter “P” capitalized.
    Each label plainly shows the source of the medicine. Printed prominently along
    the left, bottom and right edges of petitioner’s label are indications of the use. The two
    labels are entirely different in colors, contents, arrangement of words thereon, sizes,
    shapes and general appearance. The contrasts in pictorial effects and appeals to the
    eye is so pronounced that the label of one cannot be mistaken for that of the other, not
    even by persons unfamiliar with the two trademarks.
    The Director of Patents allowed the registration of trademark ATUSSIN of
    respondent. Hence, this appeal.
    Issue:
    Whether or not the trademark ATUSSIN may be registered, although
    PERTUSSIN, another trademark, had been previously registered in the Patent Office.
    Held:
    Yes. The Court affirmed the decision of the Director of Patents.
    The objects of a trademark are to point out distinctly the origin or ownership of
    the article to which it is affixed, to secure to him, who has been instrumental in bringing
    into market a superior article of merchandise, the fruit of his industry and skill, and to
    prevent fraud and imposition.
    “Pertussin” and “Atussin” are different, considering the two labels in question as
    they appear on the respective labels, these words are presented to the public in
    different styles of writing and methods of design. The horizontal plain, block letters of
    Atussin and the diagonally and artistically upward writing of Pertussin leave distinct
    visual impressions. One look is enough to denude the mind of that illuminating similarity
    so essential for a trademark infringement case to prosper.
    Moreover, the two words do not sound alike when pronounced. There is not
    much phonetic similarity between the two. In Pertussin the pronunciation of the prefix
    “Per”, whether correct or incorrect, includes a combination of three letters P, e and r;
    whereas, in Atussin the whole words starts with the single letter A added to the suffix
    “tussin.” Appeals to the ear are dissimilar. And this, because in a word-combination, the
    part that comes first is the most pronounced.

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