M4 Carbine - Trademark Issues

Trademark Issues

The M4 was developed and produced for the United States government by Colt Firearms, which had an exclusive contract to produce the M4 family of weapons through 2009. However, a number of other manufacturers offer M4-like firearms. Colt previously held a U.S. trademark on the term "M4." Many manufacturers have production firearms that are essentially identical to a military M4, but with a 16" barrel. Civilian models are sometimes colloquially referred to as "M4gery" ( /ɛmˈfɔərdʒəri/, a portmanteau of "M4" and "forgery"). Colt had maintained that it retains sole rights to the M4 name and design. Other manufacturers had long maintained that Colt had been overstating its rights, and that "M4" had now become a generic term for a shortened AR-15. In April 2004, Colt filed a lawsuit against Heckler & Koch and Bushmaster Firearms, claiming acts of trademark infringement, trade dress infringement, trademark dilution, false designation of origin, false advertising, patent infringement, unfair competition, and deceptive trade practices. Heckler & Koch later settled out of court, changing one product's name from "HK M4" to "HK416". However, on December 8, 2005, a District court judge in Maine granted a summary judgment in favor of Bushmaster Firearms, dismissing all of Colt's claims except for false advertising. On the latter claim, Colt could not recover monetary damages. The court also ruled that "M4" was now a generic name, and that Colt's trademark should be revoked.

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