TheSmokingMan
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« on: June 21, 2009, 08:47:53 am » |
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Heckler & Koch, Inc. v. Johnson Yang
Heckler & Koch, Inc. et al v. Kenneth Chang
Heckler & Koch, Inc. v. Thomas Li
Heckler & Koch, Inc. et al v. Airsplat
Heckler & Koch, Inc. v. Dong Ying Manufacturing, Inc. et al
Heckler & Koch, Inc. et al v. Evike.com, Inc.
Heckler & Koch, Inc. v. Team S.D., Inc.
Heckler & Koch, Inc. v. Airsoft G.I.
Heckler & Koch, Inc. v. Airsoft Atlanta, Inc.
Heckler & Koch, Inc. v. BT Paintball Designs, Inc.
Heckler & Koch, Inc. v. Tippman Sports LLC et al
Heckler & Koch, Inc. v. Precision Airsoft, LLC
Heckler & Koch, Inc. v. Gamo USA, Inc. dba Aftermath Airsoft
well played Umarex(cybergun), well played
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armory: KWA HK G36c, Classic Army SAR M41 Sportmatch, Classic Army B&T MP5A2, UTG Benelli M3 Super 90
Member: Mindgame Productions, FSOG(FA-13)
money for nothing, chicks for free
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frogman1161
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« Reply #1 on: June 21, 2009, 09:25:31 am » |
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and why has HK become so sue happy?
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Perk Project: [Combat Medic][Engineering and Demolitions][Weaponsmith][BB Leacher]
[Suppressing Fire Specialist][Bloody BB-Leg, Arm][Anthill Impersonator][Die Hard]
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CA SCAR-L ~ ICS MP5 SD6 ~ CYMA G18c ~ KJW M700
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frontiers
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« Reply #2 on: June 21, 2009, 09:57:59 am » |
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can i ask where you find this information?
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Booligan
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« Reply #3 on: June 21, 2009, 10:05:31 am » |
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The staff has already been discussing this for a few days, but some of the information can be found HERENow everyone, I can see this thread heading downhill very quickly, so if you're going to post in here, make sure you think long and hard about what you're going to be typing. |
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« Last Edit: June 21, 2009, 10:09:35 am by Booligan »
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AirsoftJunkie
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« Reply #4 on: June 21, 2009, 10:14:42 am » |
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Hopefully these wonderful retailers will be able to show that they are legally obtaining and selling their products.
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My Armory:
TM FAMAS
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mario1286
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« Reply #5 on: June 21, 2009, 10:47:50 am » |
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I don't think it could be any clearer; if these manufaturers did indeed use trademarks without permission, then lawsuits are expected. But that's what the courts are going to find out.
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aznriptide859
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« Reply #6 on: June 21, 2009, 12:37:10 pm » |
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Wow, are they really suing paintball companies due to their similarities to the MP5 design? :O
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mario1286
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« Reply #7 on: June 21, 2009, 12:39:12 pm » |
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Wow, are they really suing paintball companies due to their similarities to the MP5 design? :O
Because they used their trademarked names and logo design without permission, allegedly. I just said it. |
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aznriptide859
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« Reply #8 on: June 21, 2009, 12:43:33 pm » |
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Aren't the MP5-similar models just named the A-5?
In any case this was first reported to be a single case against Evike (happy me), but seems like HK is taking it to the next level.
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MakarovPMM
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« Reply #9 on: June 21, 2009, 01:11:25 pm » |
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I thought those retailers might have been safe, they renamed their guns "MK" instead of "MP". or maybe that is the result of the...
however,...
Plaintiff: CROSMAN CORPORATION Defendant: Heckler & Koch Inc
Plaintiff: KEE ACTION SPORTS I LLC Defendant: HECKLER & KOCH, INC.
Gunbroker.com LLC, Gunbroker.com LLC Defendant: Heckler & Koch Inc
Plaintiff: Jag Precision, Inc. Defendant: Heckler & Koch, Inc, DOES
however "crosman" was or is suing HK as well as a number of others.
In a perfect world, everyone would have science degrees.
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« Last Edit: June 21, 2009, 01:24:02 pm by not a new guy. »
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SuperSeahawk23
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« Reply #10 on: June 21, 2009, 01:34:48 pm » |
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This would explain why it is now called the MOD 5 instead of the MP5 on airsoft atlanta and ASGI.
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G&G Combat Machine M4 - 9.6v intellect, deans plugs, maybe some turnigy 3s 2200mAh too
KWA Glock 18C - Madbull tightbore
Li-Poly question answer-er.
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edesotelle
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« Reply #11 on: June 21, 2009, 02:02:54 pm » |
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I don't get why ASGI had to rename their CA MP5's. Those are liscensed replicas of the B&T MP5's, so they should be safe.
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Airsoft: It's like paintball, only no retards
- P226- Mk23- M14 EBR- M4- M1014- in May 2009, more US soldiers commited suicide than died in combat |
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airsoftmaniacman
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« Reply #12 on: June 21, 2009, 02:18:31 pm » |
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It is sad that HK is taking their licensing so seriously... Oh well...
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 My soon-to-be Magpul-ed Systema PTW MAX. Or will it be a KWA LM4? |
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operator13
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« Reply #13 on: June 21, 2009, 02:20:24 pm » |
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I wonder if this will effect the soon to be released KSC MP7 stateside.
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XavierMace
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« Reply #14 on: June 21, 2009, 02:28:37 pm » |
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Just a note guys in case Booligan wasn't clear. This thread will remain professional and on topic, or I will hand out strikes. This will not turn into a boycott Umarex thread or the like.
edesotelle: I think they did that just to be on the safe side.
Regarding the topic at hand. As I had explained to a few other people in the past couple of weeks, I don't think this is just a trademark issue anymore. I believe H&K/Umarex are going for Intellectual Property and/or Trade Dress on these. This will be pretty much the ultimate legal battle in airsoft. Cybergun took it slow and went after smaller retailers. H&K has gone straight for the big boys, some of which have already filed counter-suits. To the best of my knowlege, legally licensed replicas will still be safe. That means:
Any guns from ICS, Madbull, or SOCOM Gear plus certain models from Classic Army and SRC should be safe. Cybergun rebrands will also be safe.
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airsoftatlanta
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« Reply #15 on: June 21, 2009, 02:36:54 pm » |
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Any guns from ICS, Madbull, or SOCOM Gear plus certain models from Classic Army and SRC should be safe. Cybergun rebrands will also be safe.
 Safe models? ... not from what I've heard. And I've heard a lot  |
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mario1286
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« Reply #16 on: June 21, 2009, 02:37:57 pm » |
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So this is over the intellectual property of the physical gun design, and not the trademarks?
Which means if Hk wins, then every non-licensed airsoft gun will be illegal to sell, right? At least every airsoft gun will have trademarks on it I guess....
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XavierMace
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« Reply #17 on: June 21, 2009, 02:44:41 pm » |
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aa: Like I said, I believe. Except Cybergun, which would have to be safe because they don't have any HK products unless I am missing something.
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mario1286
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« Reply #18 on: June 21, 2009, 02:57:54 pm » |
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I suppose this was inevitable. I guess we just cross our fingers and hope that a settlement can be reached out of court. Because if a court desicion is made, then all other real steel weapon manufaturers can then cite it and use it, if the desicion happens to be in Hk's favor.
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XavierMace
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« Reply #20 on: June 21, 2009, 03:22:42 pm » |
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But I don't think those are sold in the US and therefore don't apply in this case. Feel free to correct me if I am wrong though.
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airsoftatlanta
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« Reply #21 on: June 21, 2009, 03:34:15 pm » |
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But I don't think those are sold in the US and therefore don't apply in this case. Feel free to correct me if I am wrong though.
They're distributed here in the USA. A quick Google search of cybergun + gsg will provide plenty of retailers here. |
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XavierMace
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« Reply #22 on: June 21, 2009, 03:35:48 pm » |
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Ahh, that I did not know.
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sgt.kicker
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« Reply #23 on: June 21, 2009, 03:36:10 pm » |
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AA and XavierMace: I hope the two of you figure out which one is right, because I'll be checking this thread religiously...
And XM, I really hope you are right, and certain brands like ICS are still okay. Because if you're not, could this potentially spell the end of H&K airsoft guns? (And I don't mean to sound sensationalist or alarmist, I just want to understand any potential outcomes).
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CYMA Thompson M1A1 EBB (WIP, on hold)...
CYMA Thompson Assault/CQB/Light Support...
WE M1911 GBB...HFC M1911 Sentinel NBB...WG Glock NBB
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mario1286
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« Reply #24 on: June 21, 2009, 03:50:19 pm » |
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Not only the end of Hk guns, but like I said, if unlicensed Hk guns get banned due to these legal proceedings, any other real steel manufacturer that gets a stick up their butt and wanted to sue would cause even more guns to be pulled off the market.
Perhaps that isn't a bad thing though. It could spell doom for several small airsoft companies...but maybe, possibly, the larger companies would survive by licensing their products with the real-steel manufacturers. And like I said, a small positive of this would be that all airsoft guns would probably then have proper trademarks. Who knows what will happen, we just have to wait and see.
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