General

[Meph]

Originally Posted by Harbinger[TG]

Maybe, just maybe, they will sue Meph too.

I'll sue you for stealing my beer. That's my investment and you just took it.

[Harbinger[TG]]

I am pretty sure you forced that beer into my hands.

[LK-13]

BT and Tippmann join forces in light of the HK legal action;
in a bold move by their R&D departments they have redesigned their
entire Marker line up.




in a related story,
many await the news with high hopes as the new SMART PARTS stolen design, i mean back filled patented... uh... the new SMART PARTS design is tested by the Gardner brothers...
I'm hoping for slow motion video.........

[Tallen702]

So, I did a little research into Continental Enterprises, they're a Trademark Extortion group. They talk companies into letting them troll the internet looking for people who have used images similar to the trademarks of said companies that they represent and then sue on their behalf without even notifying the company that they are allegedly representing. In short, they're the patent trolls (Gardner brothers) of the trademark world.

Here's a nice, albeit brightly colored, expose about their operation:
Tabberone's Hall of Shame - Cyber Cops Continental Enterprises

I'm honestly not too worried.

[Harbinger[TG]]

"The problem is that trademark and copyright isn't really taught in school (besides law school) so many emerging small businesses have little or no idea what really constitutes infringement. It is upon these unfortunates that Trademark Extortionists prey. "

Maybe they should hire people who know the field... Ignorance of the law is not a valid reason for breaking it.

[Tallen702]

The issue that will keep this from going forward, Harb, is that H&K has done nothing to pursue these "infringements" prior to now even though they have been in the public eye for years and years. Even "Golden Eye" for the N-64 used the H&K MP5 design without obtaining licensing. The reason? Because there is no way that kind of suit would hold up in court then or now. They've not shown any reasonable attempt to defend their so-called trademarks (which are not registered and thus invalid) and that will be the downfall. If you have a patent or trademark, you must defend it from infringement from the get-go, otherwise you lose the ability to do so down the road.

[davidwirth]

Me thinks SP bought controlling interest in HK. Closer to home for me, go check out the video on youtube for the Vector. Nick and his friend are firing the MP5 comparing it to the Vector and this was back in 1992

[Fatalis]

I can tell you this though, I had this item posted on Ebay and it was taken off several times because H&K said it was to much like there real MP5SD.




I re-posted for a 3rd time and included the e-mail from H&K in the description. It sold within 2 hours with by-it-now, lol.

Gotta love it!

Here is what it said:
The rights owner reported the following information:


Your auction has been terminated because the Tippmann X7, A5, X36 Special Ops and/or other brand conversion/modification kits and or paintball markers being advertised for sale by you is used exclusively for the purpose of creating an unlicensed paintball replica of the H&K MP5®, G36® and/or UMP®. The H&K MP5®, G36® and/or UMP® designation and shape are the sole property of H&K and may not be used without its permission. Heckler and Koch does NOT license any manufacturer to make any modification kits that would replicate any Heckler and Koch weapons. H&K vigorously protects their trademarks and intellectual property at all levels.

Trademark infringement is unlawful and violates eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.

Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorized replica items and items that bear the brand or logo of a company without that company's permission.

Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorized by that company, don't sell it on eBay.

Using a trademark without the trademark owner's permission infringes trademark law. For this reason, eBay prohibits members listing items which bear a another's trademark but are not authorized by that trademark owner.

For more information, please visit the following Help page:

eBay: Redirect

[LeopoldStotch]

I say good luck HK. They are going to have a tough go about it with the decades of immitation before any lawsuits were filed. Maybe the economy is just that tough these days. HK is not in the paintball/airsoft business, if they wanted to be, they would. This stinks of corporate and bottome line numbers. Theses immitations, some of them good, but immitations none the less. What is the problem with a bunch of kids playing with an HKish looking marker? Might it make them inclined to then purchase an HK firearm when of legal age? Sounds like a poopy move, Metallica anyone? I haven't bought an album since. There goes any HK I wanted.

[LeopoldStotch]

"The MP5 (short for Maschinenpistole 5 or "machine pistol model 5") is a 9mm submachine gun of German design, developed in the 1960s by a team of engineers from the West German small arms manufacturer Heckler & Koch GmbH (H&K) of Oberndorf am Neckar."

A forty year old design from Germany. Not going to be easy for HK.