Legal Opinion
Brunswick Corporation v. British Seagull Limited and Outboard Marine Corporation
Court of Appeals for the Federal Circuit
Decided October 24, 1994No. 94-1049, 94-1050PublishedCited by 65 opinions
1Opinion of the Court
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. Because the color black is de jure functional in this instance, this court affirms.
BACKGROUND
Mercury has manufactured and sold marine outboard engines for over thirty years. In 1962, Mercury introduced its first all black…
2Cases cited13 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
- In Re Bose CorporationCourt of Appeals for the Federal Circuit · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Midwest Industries, Inc. v. Karavan Trailers, Inc.Court of Appeals for the Federal Circuit · 1999
- CTB, Inc. v. Hog Slat, Inc.Court of Appeals for the Fourth Circuit · 2020
- Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc.Court of Appeals for the Ninth Circuit · 2006
- Valu Engineering, Inc. v. Rexnord CorporationCourt of Appeals for the Federal Circuit · 2002
60 more not listed; retrieve them via the Exa API.