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
I just saw this over at ASR, Think of how hard it is to find a KWA glock, this sucks. hk is suing the above companies for copy right infringement. trademarks and the general look of their products. I have noticed that airsoft atlanta as re named a lot of hk products. instead of mp5 its MOD5.
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Last edited by Jeep : 06-27-2009 at 08:28 AM.
Reason: Automerged Doublepost
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Quote P7hk9 "Just do it as a TEAM and not as Master Chief."
My father bought a realsteel Glock for himself after handling my airsoft replica, why? because he liked how it felt and thought it was cool.
My point? Im sure they're just hurting their potential sales by cutting down the clone market because what happens after little jimmy airsofter grows up big and strong with a hefty bank account? he wants REAL versions of his airsoft guns.
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Dude those airsoft forums bring up a scary truth. Liscensing their products would raise the prices of airsoft guns and put some companies out of business. Can't wait to hear how this turns out.
What the lawyers and corporates have to factor in is how much money they'll gain by winning lawsuits and receiving trademark loyalties against how much they'll lose in bad publicity. I honestly can't decide which side wins. It's certainly a lot of bad publicity, but if Airsoft companies have to start paying trademark royalties, they could make a lot of extra dough (and jack up the replica prices).
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I think i'll look into a kwa trademarked usp now. If it goes like they want it to which it will these will probably go up in price...and shortyusa's having a sale on KWA USP's-$100 for any old model USP.
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wow. I was always under the impression these airsoft manufacturers had to acquire licensing to use trademarks. Guess they don't bother! hah. Personally i don't care whether or not my g36 says HK on the side. Actually, if this is the kind of company they are i'd rather not endorse their ****. I think they're making a big mistake going this route.
I use to build kit cars, and i watched this same scenario unfold with ferrari. Greedy *******s who sit around a table and decide they don't have enough hundred dollar bills to stuff their mattresses so they go after the little guys. I don't know exactly what the laws are, but i don't understand how they can go after retailers and distributors. They didn't manufacture the replicas, how are they liable? Just another example of our wonderful justice system in operation i guess.
Whenever Umarex got the HK license, this is exactly what they said they would do, take down the people selling these replicas. They even had a date set where shops had to get rid of all their HK replicas. I think it was Febuary of last year, when nothing materialized, but something seems to have now.
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From what I have heard H&K did not file this suit, it was filed on their behalf by Umarex, who owns the licensing rights here in the US. So far ECHO1 and Classic Army are still going to be selling Mp5s, G36s, etc.
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filed by Continental Enterprises, follow the second post link to tabberone on a run down of them. Continental Enterprises has a LONG seedy reputation of doing this sort of thing.
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Airsoftgi, AirsoftAtlanta, Airsplat, Precision Airsoft, Evike.com. They just sell the replicas, why are they responsible for the illegal trademarks? That's idiotic of H&K. I don't see how they will win against any of the distrubitors, they were just making money off of a popular product.
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"A prisoner of war is a man who tries to kill you, fails, and then asks you not to shoot him."- Winston Churchill
Airsoftgi, AirsoftAtlanta, Airsplat, Precision Airsoft, Evike.com. They just sell the replicas...
I agree with you there mardivdoc. These distributers are just selling aisoft guns. I would understand if HK was suing someone with illegal trademarks on real guns but these are airsoft guns! Sure they're replicas and share similar features but take a look at internals and they're plenty of differences. We're shooting plastic for pete's sake, not metal!
I guess some people just aren't happy until they get as much money as they can get.
You seem to partially understand what I mean. I understand they're mad about their trademarks on a product they don't endorse or a company using their logo without permission but they shouldn't hold the distributor responsible, they need to take it to KWA and whatever other companies are trademarking products illegally.
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"A prisoner of war is a man who tries to kill you, fails, and then asks you not to shoot him."- Winston Churchill
Don't worry when the guy that owns them dies the companies will make them again, hopefully,hes 75.
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This is actually a very simple and old tactic used by law enforcement all through the world. Go after the distributors rather then the producers. Distributors get a slap on the wrists, don't want to buy from their suppliers anymore.
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I don't believe that h&k is going after the trade dress of the guns, mainly because they would not have much of a case. Yes, the airsoft guns are extremely similar, but I don't believe that h&k guns are considered a trade dress on the two points.
1) For something to be considered a trade dress if the arrangement of shapes, colors, etc. must not have a function. A gun body would have functionality, an example being ergonomic.
An example of a trade dress: Life Savors(the candy) the shape of the candy is very distinctive and its only use is to be reconcilable
2) It must be distinctive to the population. Which I would doubt a H&k gun would be to the general population. If a H&K was seen, most of America would only say that it was a gun not that is was a H&K.
What people need to know about trademarks is that they need to be defended in order for companies to keep them. It's not just about getting money.
Well the inventor of HK believes that guns should be used for one and one thing only, killing, so i bet he sees that airsoft makes fun of war, i dont know why, but i know some of that is right
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Well the inventor of HK believes that guns should be used for one and one thing only, killing, so i bet he sees that airsoft makes fun of war, i dont know why, but i know some of that is right
Okay...well if this is true then why isn't H&K also going after Super Soaker and Cap gun makers? (Okay I may be stressing it there) but even paintball guns are starting to look more like replicas and they aren't being sued. I doubt H&K is suing distributors due to replicas that are "making fun of war". I think the best assumption for H&K suing these companies is just to try and get suppliers to stop making airsoft guns via the distributors.
I was just on Red Wolf and noticed that Ares's SL8 & SL9 replicas have H&K markings on them, as well as the STAR SL8 & SL9 kits. Do they have the proper licensing?
I was just on Red Wolf and noticed that Ares's SL8 & SL9 replicas have H&K markings on them, as well as the STAR SL8 & SL9 kits. Do they have the proper licensing?
Copyright infringement and trade marking does not become void just because the company/designer/creator/whatever is located in a different country. It only becomes harder to enforce trade marks because some countries will not honor them.
