Brunswick Corporation, Appellant, v. Shimano Industrial Company, Ltd., Appellee, 862 F.2d 321 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 862 F.2d 321 (Fed. Cir. 1988) Oct. 13, 1988

Before MARKEY, Chief Judge, and FRIEDMAN and MICHEL, Circuit Judges.

MARKEY, Chief Judge.


DECISION

The decision of the Trademark Trial and Appeal Board sustaining the opposition of Shimano Industrial Company, Ltd., owner of MAGNUMLITE, to registration of MAGNUM DRAG SYSTEMS by Brunswick Corporation, is affirmed.

OPINION

After careful consideration, we find appellant's arguments unpersuasive of error in the board's conclusion that confusion is likely. The board did not fail to consider the marks in their entirety. It correctly noted the dominant nature of "magnum". Confusion being likely, opposer's position respecting sophisticated purchasers, taken during prosecution of its application to register MAGNUMLITE, is irrelevant. Appellant's reliance on registrations, with no showing of use in the marketplace, is unavailing.