BRUNSWICK CORP. v. BRITISH SEAGULL LTD.

Nos. 94-1049, 94-1050.

35 F.3d 1527 (1994)

BRUNSWICK CORPORATION, Appellant, v. BRITISH SEAGULL LIMITED and Outboard Marine Corporation, Cross-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 24, 1994.


Attorney(s) appearing for the Case

Timothy J. Haller, Niro, Seavone, Haller & Niro, Chicago, IL, argued for appellant. With him on the brief were John C. Janka and Michael P. Mazza; Raymond P. Niro, Samuel L. Alberstadt and Raymond P. Niro, Jr., of counsel.

Robert E. Clemency, Michael, Best & Friedrich, Milwaukee, WI, argued for cross-appellants. With him on the brief was Lee J. Geronime.

Before: MAYER, RADER, and SCHALL, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined October 24, 1994.

RADER, Circuit Judge.

The Mercury Marine division of Brunswick Corporation appeals the decision of the Patent and Trademark Office's Trademark Trial and Appeal Board (Board) sustaining Opposition Nos. 80,900 and 80,901. British Seagull Ltd. v. Brunswick Corp., 28 USPQ2d 1197 (TTAB 1993). The Board refused to register the color black as a mark for Mercury's outboard motors...

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