Daggett & Ramsdell, Inc. v. I. Posner, Inc

MARTIN, Judge, with whom SMITH, Judge, joins

(dissenting).

Although applicant’s mark includes “Posner’s” I believe that the trademark significance to the public would reside in “ebonaire” and there is sufficient similarity between “ebonaire” and “Debonair” to raise some doubt in my mind as to the likelihood of confusion. Therefore, I would reverse the decision of the Trademark Trial and Appeal Board.