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Precedential No. 32: TTAB Finds Bands on Mag Rechargeable Flashlight Functional, Lacking in Acquired Distinctiveness

In a 61-page opinion, the Board resolved three consolidated oppositions involving two competing flashlight manufacturers. Two of the oppositions, one brought by each party, concerned likelihood of confusion between certain word marks, while the third featured the issues of functionality and acquired distinctiveness of a product design or configuration. Mag Instrument, Inc. v. The Brinkmann Corporation, Consolidated Oppositions Nos. 91163534, 91164169, and 91164340 (July 28, 2010) [precedential].Opposition No. 91163534: In the first opposition, Mag Instrument opposed Brinkmann's application to register the mark MAGNUM MAXFIRE for "hand-held portable lights, namely flashlights and spotlights," alleging likelihood of confusion with Mag's registered mark MAG-NUM STAR for flashlight bulbs...continue to full post

Full post as published by The TTABlog on August 16, 2010 (boomark / email).