Skip to comments.BUSHMASTER WINS TRADEMARK CASE BROUGHT BY COLT DEFENSE LLC
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 Colts infringement claims, the Court granted judgment for Bushmaster on its claim for cancellation of Colts 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 Courts order affirmed a prior recommended decision of a U.S. Magistrate Judge in the case. Among other things, the Magistrates 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 Colts federal trademark registration for the M4 should be cancelled.
Dismissed Colts 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 Colts 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 Bushmasters products.
The Court also held Colt could recover no damages on its only remaining claim under Section 43(a) of the Lanham Act.
Colt, bushmaster, whatever.
I'll take an Armalite please
So, Colt's attempt to install an "assault weapons" ban all by itself failed. Excellent!
Glad to see that the pro-gun, pro-civilian-firearms company got the benefit of the verdict.
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?
not me...holding out for the NEW piston driven MRP from LMT
with quick change barrels in .556 and 6.8 SPC
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...
Colt's position was ridiculous. Bushy spent tons of money, time, and energy on this nonsense, and deserves compensation by Colt for the frivolity.
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.
I guess Hitler should sue everyone because he invented the term "Assault Rifle". Good thing he's dead.
Had those Malt Liquor folks squirmin'
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.
How about "Jeep"?
I believe it was G.P. for General Purpose.
I'm liking my DPMS a lot. .308!
I was just looking at one of those! very nice
A bit pricey
.308 is prolly my favorite generic type round