The Brinkmann Corporation

–Dan Kelly, Attorney

Quiz time.  Here’s the setup:

Company A owns the following registered trademarks for use in connection with the listed goods:

  • MAXSTAR for “electric lanterns”
  • MAGNUM MAX for “hand-held electric spotlights”
  • MAXFIRE for “portable, battery-operated lighting products, namely flashlights”

Company B owns these registered trademarks:

  • MAG-LITE and MAGLITE for “flashlights”
  • MAG for “flashlights”
  • MAG-NUM STAR for “flashlight bulbs”

Assume that the above registered trademarks for both companies have coexisted on the trademark register and in the marketplace for a substantial period of time–fifteen years or more.

Now, here are the questions:

  1. Can Company A register MAGNUM MAXFIRE for use on “hand-held portable lamps, namely flashlights and spotlights” in view of Company B’s registered trademarks?
  2. Can Company B register MAG STAR for use on “flashlights” and related goods in view of Company A’s registered trademarks?

Answers after the jump…


Continue Reading An Illuminating Tale of Likely Confusion