Henry Bowman
Senior Member
For those of you who may care, on Friday (May 18) the First Circuit Court of Appeals affirmed the district court (Maine) ruling in Colt Defense, LLC v. Bushmaster Firearms that the term "M4" is a generic designation for a type of carbine, not a protectable trademark that distinguishes one brand from another.
The district court had also ruled that the product configuration trade dress (look) of the M4 carbine was functional and, therefore, not protectable as an indicator of source (brand). This issue was not appealed.
The district court had also ruled that the product configuration trade dress (look) of the M4 carbine was functional and, therefore, not protectable as an indicator of source (brand). This issue was not appealed.