Heckler & Koch suing paintball/airsoft companies - Page 2

EDDAKA · 06-05-2009, 09:55 PM

Quote:

Originally Posted by SHOOT3R USA

Say some 12 year old kid goes out and buys a TM7 for example. It's a paintball marker that is used for a GAME. Say the same kid gets his hands on real steel then he won't give it the respect that a real gun deserves.

So all guns have to look like a "paintball gun?"

Whats a paintball gun supposed to like? Should we model off all guns to ego's and dye stuff?

Ripperdoc · 06-05-2009, 09:56 PM

Quote:

Originally Posted by SHOOT3R USA

Say some 12 year old kid goes out and buys a TM7 for example. It's a paintball marker that is used for a GAME. Say the same kid gets his hands on real steel then he won't give it the respect that a real gun deserves.

But, if he buys a Spyder he'll have respect for a real firearm?

Ripperdoc · 06-05-2009, 09:59 PM

Quote:

Originally Posted by lonegunm4n

I believe, like a friend of mine said, it's for the bullet markings on the grip frame, that denotes safe/semi/full auto.

I agree. If I'm not mistaken that actually IS trademarked.

John Satclaire · 06-05-2009, 10:03 PM

I'd post the Tippman complaint and exhibit I just pulled off PACER, but the PDFs exceed the max allowed file type.

Basically, these are (1) trade dress claims (HK claims TM rights in the "distinct shapes/product configurations" of their weapons), and (2) straight infringment claims (HK has registered the HK, G36, MP5, etc. marks).

The exhibit is a bunch of pictures of Tippman mil-sim guns and add ons that "replicate the HK MP5, the HK G36, and the HK UMP."

I haven't handled this aspect of a TM case recently, but I don't know that HK wins here. They hold the HK marks for firearms, not airsoft/paintball markers, and TM isn't "intellectual property" as such. It's a right granted solely for source identification purposes--they're basically saying "there's a market for airsoft/paintball guns that mimic our guns, and while we're not exploiting it, they shouldn't be able to make a buck off our brand populatity."

Sgt Hollywood · 06-05-2009, 10:03 PM

Yes the selector switch markings are total HK style, but then again, so are many of the body designs. Wonder what too HK so long, must no have the same legal eyes of assParts.

SHOOT3R USA · 06-05-2009, 10:05 PM

Quote:

Originally Posted by Ripperdoc

But, if he buys a Spyder he'll have respect for a real firearm?

Sometimes yes, sometimes no. Mostly depends on the kid but it's a lot easier to distinguish a spyder from a real gun.

pwpaintball · 06-05-2009, 10:05 PM

Quote:

Originally Posted by SHOOT3R USA

I feel it's actually a good thing.

I do not agree.
I'm being sued by Walther for describing an airsoft gun as a P99. Wow what is up with the suites in Indiana? That is where my law suite is from also.

I sold 1 airsoft gun in Indiana and they are suing me.

chrislognshot · 06-05-2009, 10:10 PM

if looks like their stuff they have right to sue.

ncbbh88 · 06-05-2009, 10:11 PM

$$ is on HK sueing over the tippmann Select fire frames lol

incynr8 · 06-05-2009, 10:14 PM

Here's one copy of the paper war:
DataFileHost - HKvSWCohaire.zip

06-05-2009, 10:03 PM	#15 (permalink)
Sgt Hollywood ΜΟΛΩΝ ΛΑΒΕ Join Date: Mar 2009 Location: NYC	Yes the selector switch markings are total HK style, but then again, so are many of the body designs. Wonder what too HK so long, must no have the same legal eyes of assParts. __________________ Sgt. Hollywood's feedback Mini collection Old School VM68 Mag with PPS Stab, dual bottle (rear and slant. Ported valve and Starfire Bolt (alum), tweaked springs & Lapco Cocker adapter. Pneumatic Design Storm Oddball marker but fairly accurate. Phantom 6",11 & 14"" DanW .45 Grips SC hori feed now VSC, Shoed up. PGP Blinging, Classic AutoMag (mini) "Tactical" custom, Trracer Rifle in the works, 2k+VF WGP cocker, 2 Trilly Pump "Sniper" conversions, 3 Trracers

06-05-2009, 10:11 PM	#19 (permalink)
ncbbh88 The Laser guy... Join Date: Aug 2006 Location: Connecticut	$$ is on HK sueing over the tippmann Select fire frames lol __________________ Mcarter Feedback (+24/-0) "i consider spyder the ugly puppy in the litter that nobody wants cause its a little slower and might have health problems, but i love it cause it needs someone too...." Xtreme Paintball you sir.... are not just a buzz kill, not even a boner kill, you sir are the master of all erection slaying.... TonsoFun

06-05-2009, 10:14 PM	#20 (permalink)
incynr8 Purify with flame Join Date: Apr 2006 Location: On some dinky hill	Here's one copy of the paper war: DataFileHost - HKvSWCohaire.zip __________________

06-05-2009, 10:03 PM	#14 (permalink)
John Satclaire Post Whore Join Date: Feb 2008	I'd post the Tippman complaint and exhibit I just pulled off PACER, but the PDFs exceed the max allowed file type. Basically, these are (1) trade dress claims (HK claims TM rights in the "distinct shapes/product configurations" of their weapons), and (2) straight infringment claims (HK has registered the HK, G36, MP5, etc. marks). The exhibit is a bunch of pictures of Tippman mil-sim guns and add ons that "replicate the HK MP5, the HK G36, and the HK UMP." I haven't handled this aspect of a TM case recently, but I don't know that HK wins here. They hold the HK marks for firearms, not airsoft/paintball markers, and TM isn't "intellectual property" as such. It's a right granted solely for source identification purposes--they're basically saying "there's a market for airsoft/paintball guns that mimic our guns, and while we're not exploiting it, they shouldn't be able to make a buck off our brand populatity."

06-05-2009, 10:10 PM	#18 (permalink)
chrislognshot Post Whore Join Date: Jul 2006	if looks like their stuff they have right to sue.