United States First Circuit

In a trademark suit between two firearms manufacturers over the term "M4" in relation to a carbine rifle design, judgment for defendant is affirmed where the term was generic and not entitled to trademark protection since usage of the term in the media, by plaintiff's competitors in advertisements, by purchasers and by plaintiff itself suggested that the term referred to a type of carbine with certain characteristics, not a brand of carbine sold by a certain producer.

Appellate Information

• Decided 05/18/2007
• Published 05/18/2007

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael A. Bucci, with whom Alexandra C. Fennell and Day, Berry & Howard LLP were on brief for, appellant.


• For Appellees:
  
• Jeffrey M. White, with whom Robert H. Stier, Jr., Gavin G. McCarthy, and Pierce Atwood LLP were on brief, for appellee.