Arrow Electric Co. v. Northeast Electric Co.
Arrow Electric Co. v. Northeast Electric Co.
Opinion of the Court
delivered the opinion of the Court:
Opposer alleges prior use upon electric specialties, including electric switches, of a trademark consisting of an arrow alone and also of an arrow extending in a parallel direction through the letter “E.” The latter mark may alone be considered. Priority of use is conceded, as indeed it must be, to opposer; and it is unnecessary to consider the question of similarity of the goods upon which the respective marks are used. They are goods of the same descriptive properties. TIence, the sole question is whether the marks are so similar as to be likely to create confusion in trade.
It is conceded that opposer was the first to use the arrow alone as a trademark for electrical goods. This fact, however, would not prohibit its use by appellee, if so associated with distinguishing features as to forbid the probability of confusion. The mark of each of the parties consists of an arrow associated with certain distinguishing features. Are the distinguishing features in the marks so dissimilar as to escape the prohibition of the statute ? We think nqt. It appears that the opposer used the arrow in association with the letter “E,” sometimes with and sometimes'without a circle, and that its goods were known as the “Arrow E” goods. The'mere fact that appellant is the originator of the arrow as a trademark
The decision of the Commissioner of Patents is reversed, and the clerk is directed to certify these proceedings as by law required. Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.