Seriously?!

"A pistol is what you use to fight your way back to the rifle you never should have left behind!" Clint Smith, Thunder Ranch

Moderators: carlson1, Keith B

User avatar
RogueUSMC
Senior Member
Posts: 1513
Joined: Tue Apr 30, 2013 12:55 pm
Location: Smith County
Contact:

Re: Seriously?!

Post by RogueUSMC »

I found their Trademark stuff at Tess...

They did it to me over at Etsy too...lol

I have spoken with a trademark/copyright litigator and they say I have a case. They have all the correspondence from the seller platforms and AR15.com. Thing is, I gotta hire them to the tune of $1500 before they will go further. They have all the correspondence from the seller platforms and AR15.com.

I have written M4Carbine.net about it thinking that maybe they might be of assistance (ie, they have been down this road or something...besides, there is no love lost between them...lol)

Toying with the idea of doing a crowd funding thing. I would give everyone their money back if there is a settlement. That would be where M4Carbine.net would come in...to publicize.

I will most likely drop it...but I hate to.
A man will fight harder for his interests than for his rights.
- Napoleon Bonaparte
PFC Paul E. Ison USMC 1916-2001
User avatar
TVGuy
Senior Member
Posts: 1088
Joined: Thu Jun 12, 2014 8:47 am
Location: DFW

Re: Seriously?!

Post by TVGuy »

How long ago did you create it? How long ago did you first sell it?

Looks like their first filing was in 2007. If you created it before that you might have a pretty solid case.
User avatar
G.A. Heath
Senior Member
Posts: 2987
Joined: Sat Mar 31, 2007 9:39 pm
Location: Western Texas

Re: Seriously?!

Post by G.A. Heath »

It has been a while since I had to do anything relating to trademarks, however I do remember a few things. A trademark has to be defended or it becomes diluted and is no longer of value. Also a trademark is usually specific to a category, some are not but most are. Additional concerns are that first usage doesn't always mean you have a case to invalidate a mark, and that a mark can be too generic to be considered valid. Trademark law is something best left to negotiations and to lawyers who specialize in the field. I would consider asking if they would license the use of the mark for a small or symbolic fee rather than you having to litigate. they may agree to a 25 cent per sticker fee or to a $1/year license in order to avoid litigation and protect their mark.
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
R.I.P. Sig, 08/21/2019 - 11/18/2019
User avatar
C-dub
Senior Member
Posts: 13578
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: Seriously?!

Post by C-dub »

Can AR15.com really have a trademark case against someone when both involve a design for a part that neither of them invented or designed? I liked the idea of asking them if they got permission from Colt to use an image of a part they designed.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
android
Senior Member
Posts: 508
Joined: Sun Jul 26, 2009 11:11 pm

Re: Seriously?!

Post by android »

C-dub wrote:Can AR15.com really have a trademark case against someone when both involve a design for a part that neither of them invented or designed? I liked the idea of asking them if they got permission from Colt to use an image of a part they designed.
The fact that Colt invented it or patented has practically nothing to do with using it as logo. The patent is expired, thus not applicable.

Trademark disputes almost always go to the guy with the registration and the lawyers.
Look at the way UT goes after anybody that ever attempt to use a longhorn silhouette in any shade of orange. They shut down everything that moos.
Notice an apple logo on anything that is not from Apple? There's a reason for that.
User avatar
mojo84
Senior Member
Posts: 9045
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Seriously?!

Post by mojo84 »

There used to be a very small dive neighborhood bar in in southwest Houston called Trumps or Trump's Place. Can't remember for sure as I never went there. I just drove by it. I bet there were never more than a couple of cars in the parking lot at any given time.

The little place made the news in Houston because Donald Trump's lawyers went after them for trademark infringement. Whether or not the bar owner infringed upon Trump's name is unknown to me. However, I do know the place changed its name shortly after the article in the paper came out.

Many times it's the cost of the fight that determines the winner and not who is in the right or wrong.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
User avatar
G.A. Heath
Senior Member
Posts: 2987
Joined: Sat Mar 31, 2007 9:39 pm
Location: Western Texas

Re: Seriously?!

Post by G.A. Heath »

One thing I remember is that something can be considered infringing on a trademark because it is "confusingly similar".
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
R.I.P. Sig, 08/21/2019 - 11/18/2019
User avatar
MadMonkey
Senior Member
Posts: 1352
Joined: Mon Nov 09, 2009 3:23 am
Location: North Texas

Re: Seriously?!

Post by MadMonkey »

I've been an Arfcom member for years... they delight in chasing down infringements like this. I can understand wanting to protect their logo, but it still comes off as a little cranky-old-man to me.
“Beware the fury of a patient man.” - John Dryden
User avatar
RogueUSMC
Senior Member
Posts: 1513
Joined: Tue Apr 30, 2013 12:55 pm
Location: Smith County
Contact:

Re: Seriously?!

Post by RogueUSMC »

They are. But theirs looks crappy next to mine...just sayin'...lol
A man will fight harder for his interests than for his rights.
- Napoleon Bonaparte
PFC Paul E. Ison USMC 1916-2001
User avatar
RogueUSMC
Senior Member
Posts: 1513
Joined: Tue Apr 30, 2013 12:55 pm
Location: Smith County
Contact:

Re: Seriously?!

Post by RogueUSMC »

Wow, episode 2...lol.

I get a table at the Tyler gunshow and was sitting there yesterday biding my time and this couple walks up to my table. The wife points at the bolt face sticker and says, "what's that?"

I began to explain what it was when the husband kinda stops me and says that she knows what it is. I'm say, "oh."

He says, "better be careful. They can get you for copyright infringement."

I didn't think much of the comment but said, "yeah, I ran into that with old Jorje Avilla at AR15.com."

He says, "I know...I work for them." then pointed at his the AR15.com embroidery on his shirt."

I told them that, if they were gonna defend the jerk, that I had no time for them and said, "have a good day."

He says, "we work really hard to protect our copyright."

I told them that, what Avilla does to people is a crock of...well...you know."

He didn't say anything, he just looked at me for a few seconds like he was gonna argue with me then they walked on.

You know, I was gonna let this thing drop but I am not so sure now. Agitating...
A man will fight harder for his interests than for his rights.
- Napoleon Bonaparte
PFC Paul E. Ison USMC 1916-2001
User avatar
OldCannon
Senior Member
Posts: 3061
Joined: Sun Jan 17, 2010 11:19 am
Location: Kyle, TX

Re: Seriously?!

Post by OldCannon »

RogueUSMC wrote: I have spoken with a trademark/copyright litigator and they say I have a case. They have all the correspondence from the seller platforms and AR15.com. Thing is, I gotta hire them to the tune of $1500 before they will go further. They have all the correspondence from the seller platforms and AR15.com.
Not trying to bash lawyers here, but most will tell you that you "have a case." Sure, you could probably win in a protracted copyright case, but is it worth it? Most of us that are familiar with ARFCOM immediately recognized the iconographic bolt face as used by ARFCOM. That doesn't really go in your favor :)

There's lots of other things you can draw that won't require lawyers taking your hard-earned money :tiphat:
I don't fear guns; I fear voters and politicians that fear guns.
User avatar
RogueUSMC
Senior Member
Posts: 1513
Joined: Tue Apr 30, 2013 12:55 pm
Location: Smith County
Contact:

Re: Seriously?!

Post by RogueUSMC »

It just leaves a very bad taste in my mouth when I get veiled threats of bad things resulting in my use of something I created without their permission...lol
A man will fight harder for his interests than for his rights.
- Napoleon Bonaparte
PFC Paul E. Ison USMC 1916-2001
Post Reply

Return to “Rifles & Shotguns”