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COLT DEFENSE LLC v. BUSHMASTER FIREARMS, INC.

No. 06-1696.

486 F.3d 701 (2007)

COLT DEFENSE LLC, Plaintiff, Appellant, v. BUSHMASTER FIREARMS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 18, 2007.

Attorney(s) appearing for the Case

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.

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

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...

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