No. 06-1696 COLT DEFENSE LLC Plaintiff Appellant v. BUSHMASTER FIREARMS INC Defendant Appellee
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. George Z. Singal, U.S. District Judge]
Before
Lynch, Circuit Judge,
Selya, Senior Circuit Judge,
and Howard, Circuit Judge.
Michael A. Bucci, with whom Alexandra C. Fennell and Day,
Berry & Howard LLP were on brief for, appellant.
Jeffrey M. White, with whom Robert H. Stier, Jr., Gavin G.
McCarthy, and Pierce Atwood LLP were on brief, for appellee
May 18 2007
-2-
HOWARD, Circuit Judge. This appeal arises out of a
trademark dispute between Colt Defense LLC (Colt) and Bushmaster
Firearms, Inc. (Bushmaster) over Bushmaster's use of the term "M4"
in conjunction with its sale of certain firearms. The district
court concluded that the term was generic and not entitled to
trademark protection. We affirm.
I.
In 1959, Colt purchased the right to develop the
Armalite Rifle model 15 (AR-15), a small-caliber, gas-operated
carbine rifle initially developed at the Armalite Division of
Fairchild Engine and Airplane Corporation. Colt sold a variant of
the AR-15 to the United States military, which eventually
designated it as the M16.
1
In the early 1980s, the military determined that it
needed a more compact version of the M16. Colt originally designed
the prototype for this new weapon under a 1985 contract with the
military in which Colt agreed to build and test forty "XM4
Carbines." In 1990, the military entered into an agreement with
Bushmaster to provide sixty-five carbines "having all the physical
and technical characteristics of the M4 Carbine.