Holding mark "Number One in Floorcare" was "generally laudatory phrase" not entitled to trademark protection in light of absence of evidence of secondary meaning; noting, "Self-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods."
Holding that the opposer in a proceeding to test likelihood of confusion "bears the burden of proof which encompasses not only the ultimate burden of persuasion, but also the obligation of going forward with sufficient proof of the material allegations of the Notice of Opposition"
In Clinton, 302 F.2d at 748, the court found that the two products in question, car detergent and dish detergent, although intended for different purposes, could be used for the same purpose, and that the purposes were related. Since the goods were also sold through the same retail outlets to the same customers, the court found that the goods were similar.