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Old January 23rd, 2012, 19:02   #20
MaciekA's Avatar
Join Date: Jun 2011
Location: Portland, Oregon, USA
You guys should read the filing, this is definitely not about "illegal trades" in terms of trademarks displayed on the guns, and contains some very interesting tidbits.

Echo1 has been very careful about their product naming and their trades usually say "ECHO1 ASC" etc. There are many videos with Brian Holt on YouTube where you can see him specifically going out of his way either in conversations with other people or in instructional how-to videos to not ever refer to any of their products by anything but the echo1 product name. Even when handling and referring to, for example, G36 magazines which couldn't possibly be referred to by anything else, he's said stuff like "this type of magazine seen here".

This is not a lack of being careful and flaunting illegal trades at Shot Show nearly as much as Cybergun making a case for "design infringement" as it were. Here's the restraining order filing:

The Court also finds that Plaintiffs risk serious irreparable harm if Jag is not immediately enjoined from selling and marketing the accused rifles at this year’s SHOT Show and thereafter. Finally, the Court finds that Jag has been given notice of its accused conduct and of Plaintiff’s Motion for Temporary Restraining Order.. The Court has considered the merits of the Motion for Temporary Restraining Order filed by Plaintiffs Cybergun, S.A. (“Cybergun”) and FN Herstal, S.A. (“FNH”)
Funny that it never occurs to FN Herstal that limiting the design and production of replicas of their rifle to a company who doesn't always choose the best manufacturing partner wouldn't also constitute irreparable harm to their brand. Oh well

and finds that Plaintiffs have demonstrated a reasonable likelihood of success with respect to their claims of trade dress and copyright infringement against Defendant Jag Precision (“Jag”), whose accused airsoft rifles are nearly identical to the proprietary SCAR design owned by Plaintiffs.
Note the emphasis on design and not the marks or naming themselves.

Accordingly, the Court hereby GRANTS Plaintiffs’ Motion and enters the following temporary restraining Order against Jag:
Defendant Jag Precision, including all officers, directors, principals, agents, servants, employees, successors and assigns, and all others aiding, abetting, or acting in concert or active participation therewith, are hereby enjoined from making, using, selling, and offering to sell the knockoff products, including the Vega Force MK16 products, the Vega Force MK17 products, the Echo 1 ASC products, and the Echo 1 ASC-H products, or any other product that is the substantial equivalent to the knockoff products in overall design and appearance, regardless of whatever “version” or name Defendants may use to sell such product
The part where it says "overall design and appearance" is where this goes from being about naming and trademarks to a slippery slope to anything that looks "SCAR-ish".
"Mah check"

Now you know

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