Brunswick Corporation, Appellant, v. Shimano Industrial Company, Ltd., Appellee, 862 F.2d 321 (Fed. Cir. 1988)
Annotate this CaseBefore 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.