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BUSHMASTER WINS TRADEMARK CASE BROUGHT BY COLT DEFENSE LLC
Bushmaster press release ^ | 12/8/05

Posted on 12/08/2005 4:15:24 PM PST by BurbankKarl

Windham, ME (December 8th, 2005) - Richard Dyke, Chairman and principal stockholder of Bushmaster Firearms, is pleased with a December 6 decision of the United States District Court in Maine granting summary judgment for Bushmaster in a trademark case brought by Colt Defense, LLC. In the case, Colt accused Bushmaster of infringing the “M4” trademark and the trade dress of the M4, both of which Colt claimed it owned to the exclusion of others in the industry. In addition to denying Colt’s infringement claims, the Court granted judgment for Bushmaster on its claim for cancellation of Colt’s federal trademark registration for the “M4”.

Dyke said he is pleased, not only for Bushmaster, but for the entire firearms industry. “Colt has for years made all sorts of claims as to rights it asserted belonged only to it,” he said. “And this case clearly shows Colt has been overstating its rights. In this case, the Court determined that the right to use the M4 term and to sell firearms that look like the M4 type, are rights that belong to the industry, not just Colt.”

The Court’s order affirmed a prior recommended decision of a U.S. Magistrate Judge in the case. Among other things, the Magistrate’s decision:

Held that the M4 is generic term which merely describes a type of firearm, and is not an identifier of Colt as a sole source for such firearms. In doing so, the decision noted that more than a dozen firearm manufacturers other than Colt have used the term M4 for years to refer to military-style carbines with collapsible buttstocks and shortened barrels. Since the M4 term is generic, the court granted judgment for Bushmaster that Colt’s federal trademark registration for the M4 should be cancelled.

Dismissed Colt’s claim for infringement of M4 trade dress both because the alleged trade dress is primarily non-functional and because Colt could not establish that the buying public associated the look of the M4 only with Colt.

Dismissed Colt’s claims for infringement of the terms M16, CAR, MATCH TARGET, AR-15 and COMMANDO because it concluded that there was no likelihood of confusion among purchasers as to the source of Bushmaster’s products.

The Court also held Colt could recover no damages on its only remaining claim under Section 43(a) of the Lanham Act.


TOPICS: Business/Economy; News/Current Events; US: Maine
KEYWORDS: banglist; m4; manufacturing; trademark

1 posted on 12/08/2005 4:15:25 PM PST by BurbankKarl
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To: BurbankKarl

BTTT


2 posted on 12/08/2005 4:17:48 PM PST by Fiddlstix (Tagline Repair Service. Let us fix those broken Taglines. Inquire within(Presented by TagLines R US))
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To: BurbankKarl
Bushmaster M4 type with removal A3 carry handle:


3 posted on 12/08/2005 4:25:01 PM PST by 45Auto (Big holes are (almost) always better.)
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To: BurbankKarl
The Houston Astros began as the Colt 45s and Colt wanted to sue them so they changed the name to Astros.
4 posted on 12/08/2005 4:27:32 PM PST by HuntsvilleTxVeteran (Giving power and money to Congress is like giving liquor and car keys to teenage boys. - P.J. O'Rour)
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To: BurbankKarl

Colt, bushmaster, whatever.

I'll take an Armalite please


5 posted on 12/08/2005 4:27:58 PM PST by mylife (The roar of the masses could be farts)
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To: BurbankKarl

So, Colt's attempt to install an "assault weapons" ban all by itself failed. Excellent!


6 posted on 12/08/2005 4:30:07 PM PST by Modok
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To: All

Glad to see that the pro-gun, pro-civilian-firearms company got the benefit of the verdict.


7 posted on 12/08/2005 4:31:06 PM PST by BushMeister ("We are a nation that has a government - not the other way around." --Ronald Reagan)
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To: BushMeister

I'm glad Bushmaster won. Colt's snotty attitude and bad management are what has hurt the company.

Besides, isn't "M-4" (or "M-anything") a D.O.D. term?


8 posted on 12/08/2005 4:56:39 PM PST by 04-Bravo
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To: mylife

not me...holding out for the NEW piston driven MRP from LMT
with quick change barrels in .556 and 6.8 SPC


9 posted on 12/08/2005 5:02:53 PM PST by joesnuffy (A camel once bit my sister-we knew just what to do- gather large rocks & squash her-Mullet Ho'mar)
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To: BurbankKarl

As if black rifle owners and 2nd amendment lovers dont
have enough to worry about from the 'enemy within & without'....

Our own kind squabble...and seek to undermine...


10 posted on 12/08/2005 5:05:02 PM PST by joesnuffy (A camel once bit my sister-we knew just what to do- gather large rocks & squash her-Mullet Ho'mar)
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To: joesnuffy
Yow...
Weee!
11 posted on 12/08/2005 5:06:36 PM PST by mylife (The roar of the masses could be farts)
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To: BurbankKarl

Colt's position was ridiculous. Bushy spent tons of money, time, and energy on this nonsense, and deserves compensation by Colt for the frivolity.


12 posted on 12/08/2005 5:08:41 PM PST by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: BurbankKarl

It is a travesty that Colt has become a mismanaged dinosaur. It would be nice to see some 2nd Amendment loving AMERICANS take over that venerable old company and make it great again. Until then, at least we'll have something to bitch about while standing at the gunstore counter.


13 posted on 12/08/2005 5:23:28 PM PST by ExpatGator (Progressivism: A polyp on the colon politic.)
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To: Modok

I guess Hitler should sue everyone because he invented the term "Assault Rifle". Good thing he's dead.


14 posted on 12/08/2005 5:36:09 PM PST by JustAnotherOkie
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To: HuntsvilleTxVeteran

Had those Malt Liquor folks squirmin'


15 posted on 12/08/2005 5:36:36 PM PST by JustAnotherOkie
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To: 04-Bravo

I think M-anything comes from adoption by the military, yes. Just as with the M-1 carbine which was made by so many makers.


16 posted on 12/08/2005 5:37:46 PM PST by Sender (Team Infidel USA)
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To: 04-Bravo
Besides, isn't "M-4" (or "M-anything") a D.O.D. term?

How about "Jeep"?

17 posted on 12/08/2005 5:39:09 PM PST by supercat (Sony delinda est.)
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To: supercat

I believe it was G.P. for General Purpose.


18 posted on 12/08/2005 5:44:59 PM PST by Jack Black
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To: mylife

I'm liking my DPMS a lot. .308!


19 posted on 12/08/2005 5:45:57 PM PST by Jack Black
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To: Jack Black

I was just looking at one of those! very nice

A bit pricey
.308 is prolly my favorite generic type round


20 posted on 12/08/2005 5:49:54 PM PST by mylife (The roar of the masses could be farts)
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To: mylife

MRP Goodness...imagine piston driven and 6.8 SPC or 6.5 Grendel....


21 posted on 12/08/2005 6:31:34 PM PST by joesnuffy (A camel once bit my sister-we knew just what to do- gather large rocks & squash her-Mullet Ho'mar)
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To: joesnuffy

OK, spill. I want to know more, haven't seen anything in the gun rags - any good URLs to share?


22 posted on 12/08/2005 7:19:48 PM PST by ASOC (The result of choosing between the lesser of two evils, in the end, leaves you with, well, evil.)
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To: Jack Black
I believe it was G.P. for General Purpose.

Perhaps it was spelled GP, but it was pronounced "jeep".

23 posted on 12/08/2005 7:34:06 PM PST by supercat (Sony delinda est.)
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To: HuntsvilleTxVeteran
The Houston Astros began as the Colt 45s and Colt wanted to sue them so they changed the name to Astros.

???

Are you making that up? It is impossible to imagine a company being so stupid they would sue to put a stop to an incredible value in free advertisement.

I thought that the Houston franchise changed its name because they were the first baseball team to have a fully enclosed stadium and the turf was called "astroturf". (And also because NASA mission control was located in Houston. "Astro" = "astronaut....)

24 posted on 12/08/2005 7:44:47 PM PST by Lancey Howard
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To: Lancey Howard

http://users3.ev1.net/~wbthomp/colts.html

Above URL gives History of Houston Colt 45S


25 posted on 12/08/2005 7:50:57 PM PST by HuntsvilleTxVeteran (Giving power and money to Congress is like giving liquor and car keys to teenage boys. - P.J. O'Rour)
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To: HuntsvilleTxVeteran

Thanks for that link! I remember going to see the Phillies play the Houston Colt 45s at Connie Mack Stadium when I was a kid. But I didn't see anything about Colt suing the Houston franchise to stop using the name "Colt 45s". In fact, it makes even less sense when you see that the original stadium where the Colt 45s played was called "Colt Stadium".

Did I miss it? Thanks.


26 posted on 12/08/2005 8:47:01 PM PST by Lancey Howard
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To: HuntsvilleTxVeteran

Thanks for that link! I remember going to see the Phillies play the Houston Colt 45s at Connie Mack Stadium when I was a kid. But I didn't see anything about Colt suing the Houston franchise to stop using the name "Colt 45s". In fact, it makes even less sense when you see that the original stadium where the Colt 45s played was called "Colt Stadium".

Did I miss it? Thanks.


27 posted on 12/08/2005 8:47:01 PM PST by Lancey Howard
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To: Lancey Howard
Remember this was 64 and 65 and it probably was a joke about them being sued.
This was the first time I looked the Colt 45 s on the net.
Should have looked them up on the net in 65. :)
28 posted on 12/09/2005 12:44:06 AM PST by HuntsvilleTxVeteran (Giving power and money to Congress is like giving liquor and car keys to teenage boys. - P.J. O'Rour)
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To: BurbankKarl

Dismissed Colt’s claim for infringement of M4 trade dress both because the alleged trade dress is primarily non-functional and because Colt could not establish that the buying public associated the look of the M4 only with Colt.

ROFL.. after the DC sniper, the look of an M4 is more likely to be associated with bushy than colt anyways.
eh.. i'll stick with my rock river, it shoots better than the colt my friend has.


29 posted on 12/09/2005 5:44:07 AM PST by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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