California Cosmetics, Inc., Appellant, v. Ogilvie Products, Inc., Appellee, 892 F.2d 1050 (Fed. Cir. 1989)

DECISION

This appeal is from the April 20, 1989, decision of the Patent Office Trademark Trial and Appeal Board in Opposition No. 77,532 granting summary judgment in favor of the opposer, Ogilvie Products, Inc. We affirm.

OPINION

Applicant correctly states that the only issue before us, likelihood of confusion from use of the two design marks when applied to the respective goods of the parties, is a question of law which we freely review.

As in all cases on this issue, the question is not whether people will be likely to confuse the marks, as appellant puts it, but whether use of the marks will be likely to confuse people. Appellant's arguments have all been carefully thought about and it appears to us that they amount to nothing more than simple disagreement with the board's unanimous conclusion that there is sufficient similarity between the overall impressions made by the marks on viewers as to make confusion likely, to the detriment of opposer, the long-time prior user.

We have not been persuaded that the board erred.