More legal happenings in Paintball

[WenULiVeUdiE]

Oh boy, this one is quite large. Go http://www.forceofnature.com/index.php/articles/news/306 for the whole story.
I'm surprised K2 still went after focker producers after Glenn sent them the letter.

[Target Practice]

PRESS RELEASE FROM WGP LLC. DEC. 15, 2004

WGP LLC (Worr Game Products) announces that they were awarded a judgment on December 13, 2004 by the U.S. District Court in Fayetteville, Arkansas against One Group International, Inc. d/b/a Dragun Empire, and Mike Spurlock. The judgment includes a permanent injunction, ordering defendants to immediately cease distributing Dragunfly mechanical markers, 03m mechanical markers, Dragunfly LCD markers and Drallion markers. The judgment was for tradedress and patent infringement involving copying of Worr Games’ popular Autococker model paintball marker, and the judgment also affirmed Worr Games’ exclusive right to the trademarks Autococker and Cocker.


Bud Orr, President of Worr Game Products stated: “We are determined to protect our proprietary patent, tradedress and trademark rights, at Worr Game Products. Worr Game has a registered trademark in the name Autococker and Cocker, as well as patent and tradedress rights. Unfortunately, we were forced to take this action to defend our rights and will do so in the future, if necessary.”


In addition to a permanent injunction, the judgment provides for money damages, treble damages, punitive damages and attorney’s fees and costs, with the exact amount to be determined at a later hearing.

_______________________________________________

PRESS RELEASE FROM BRASS EAGLE & WGP LLC. DEC.15,2004

.
Bentonville, Arkansas

Brass Eagle LLC and WGP LLC (Worr Game Products) jointly announce that they were awarded a judgment on December 13, 2004 by the U.S. District Court in Fayetteville, Arkansas against National Paintball Supply Inc., Psychoballistics, Inc., 32 Degrees and Empire Paintball. The judgment includes a permanent injunction, ordering defendants to immediately cease distributing Lightning markers, Lightning Deluxe markers, the Empire Reloader and the 32 Degrees Round Loader. The judgment covered two separate areas: tradedress and patent infringement involving Worr Game’s popular Autococker model paintball marker, and affirmed Worr Game’s exclusive right to the trademarks Autococker and Cocker. Second, the judgment affirmed Viewloaders’ exclusive right to the outward appearance of its popular Viewloader brand paintball loaders.

Bud Orr, President of Worr Game and Lynn Scott, President of Brass Eagle, jointly stated: “We are determined to protect our proprietary patent, tradedress and trademark rights, in Worr Game and ViewLoader Products. Worr Games has a registered trademark in the name Autococker and Cocker, as well as patent and tradedress rights. ViewLoader has similar intellectual property rights which we intend to defend. After several attempts to amicably settle this dispute with no acceptable response, we chose the only option left available. Litigation and the accompanying cost is not what we would have preferred, but under the circumstances we felt we had no other choice.”

In addition to a permanent injunction, the judgment provides for money damages, treble damages, punitive damages and attorney’s fees and costs, with the exact amount to be determined at a later hearing.

_____________________________________________

Bentonville, Arkansas

Effective December 13, 2004, a settlement was reached in the case of JT USA v. Paintball Junkies in which JT had alleged that Paintball Junkies was unlawfully copying the design of certain JT products. In the settlement, Paintball Junkies agreed to stop making and distributing various products, including: PJ’s Pro No-Zip Pants, PJ Pro Tank Covers, PJ Pro Slider Shorts, PJ Elbow Guards and PJ Knee Pads. Paintball Junkies also agreed to not make any product or make any misrepresentations which would likely cause confusion in the marketplace between Paintball Junkies products and JT's products.

Lynn Scott, President of Brass Eagle, parent company of JT USA, said: “This result affirms our faith in our position that copying of our products constitutes an illegal activity, whether patented or not. JT USA plans to continue defending our intellectual property, trademark and tradedress rights.”

Paintball Junkies agreed to pay a royalty to JT USA on sales of PJ's remaining inventory of certain products. In addition, Paintball Junkies agreed to a Court Order to pay a specified sum of money, representing JT's damages, court costs, attorney’s fees and interest.

[SlartyBartFast]

Well, that explains why Dragun aren't answering their phones. :rofl:

[WenULiVeUdiE]

I guess it is a good thing they redesigned the Reloader. But if they are referring to the new design, then they're :tard:

I'd love to see manike comment on this one.

[Onryou]

"Paintball Junkies also agreed to not make any product or make any misrepresentations which would likely cause confusion in the marketplace between Paintball Junkies products and JT's products"

based on this line, and the fact that how many of us have had our Mags mistaken for Shockers, AGD should try to get a piece of the financial pie.

[SlartyBartFast]

"Paintball Junkies also agreed to not make any product or make any misrepresentations which would likely cause confusion in the marketplace between Paintball Junkies products and JT's products"

based on this line, and the fact that how many of us have had our Mags mistaken for Shockers, AGD should try to get a piece of the financial pie.

Actually, if AGD never applied for tradedress protection of the single tube design they missed out on a great opportunity.

[slade]

Actually, if AGD never applied for tradedress protection of the single tube design they missed out on a great opportunity.
you have to apply for tradedress protection?!

[Deep Sixx]

Oh boy, this one is quite large. Go http://www.forceofnature.com/index.php/articles/news/306 for the whole story.
I'm surprised K2 still went after focker producers after Glenn sent them the letter.

K2 can't go after ANYONE for the design of the cocking system. However, Dragun was using the word "Cocker" in it's ads for the Drallion. That's a big no-no! WGP (K2) owns the rights to the name. That, and the fact that the Drallion's milling was a blatant rip-off of the Orracle.

sixx

[White_Noise]

i remember the statement that Glenn Palmer issued to WGP back when they first tried going after people for infringing on the cocker. Id love to see him bring down a company like K2/wgp. :D ;) :shooting:

[robb2269]

it's good to see there hard work protected. All the money & time spent developing a item to be copied with a profit is wrong.

[slade]

it's good to see there hard work protected. All the money & time spent developing a item to be copied with a profit is wrong.
:rolleyes:

read the post right above you.
the WGP cocker is a knock off!!!

[DiRTyBuNNy]

Good for them. This is the way business should be handled.

well..I guess that depends on what your definition of the term business...does it include losing several battles in courts over the design of your markers because your neglected to patent them but feel you'll win anyways even though you have no legal grounds to even sue...or is this some other company that we're talking about?

[rabidchihauhau]

Dirtybunny,

your history of events is factless.

WGP went after people copying their design for tradedress infringement. They ended up in court.

The court stated that the case had merit, but had been brought in the wrong venue (an error on WGP's attorneys part, nothing to do with the merits of the case).

The case was then rejected "without prejudice to either party".

That means they could have persued the case in the proper venue.

WGP could not afford to pursue the case at that time.

That is a lot different than "losing several battles in court because you neglected to patent them".

[athomas]

There are a lot of copies out there concerning operating paintball guns and equipment. For the most part, these companies aren't bickering over how they function. A few are, but we know who they are. The one thing that you have to stand up for is the trade dress issue. If company A builds a marker and it receives recognition for being a great product, it shouldn't have to worry about company B capitalizing on it by building a cheaper marker that looks identical. This confuses buyers and could jeapordize the public acceptance of company A's marker. If you wanted to copy an idea and put it into a new look, as long as it advanced the sport, most companies used to be ok with that.

[DiRTyBuNNy]

Dirtybunny,

your history of events is factless.

WGP went after people copying their design for tradedress infringement. They ended up in court.

The court stated that the case had merit, but had been brought in the wrong venue (an error on WGP's attorneys part, nothing to do with the merits of the case).

The case was then rejected "without prejudice to either party".

That means they could have persued the case in the proper venue.

WGP could not afford to pursue the case at that time.

That is a lot different than "losing several battles in court because you neglected to patent them".

Well...since you seem to know all the answers...provide me with an information regarding websites for the PTO that show where WGP has either patented or trademarked any of the designs involved in the operation of their "auto-cocking" marker. Oh yeah, i forgot...there aren't any...they do not own a patent or trademark on any aspect of the gun's design...only the name...do you want to know why? because they didn't invent it...tell me how baseless this lawsuit is now much less the fact that they won it...

[JoshK]

They have a copywrited name, as you can read a few posts above, i guess they werent sueing on how it works...but on the use of cocker, and i guess the milling or something along those lines...THATS how they won.


I am very glad to hear this...maybe after all this, the companies will be able to live in harmony.

[rabidchihauhau]

dirtybunny,

"don't try to teach your grandpa how to suck eggs" is the most appropriate response.

Tradedress does NOT have to be registered in order to be in effect. Tradedress gains most of its clout from use in the marketplace, as in, it is readily identifiable to consumers because of unique design features and has enjoyed that recognition for a number of years.

Furthermore, WGP DOES have trademarks for 'Autococker' and 'Cocker'; furthermore, they have been using the name for a number of years with the 'TM' after it, which means that they are letting everyone know its a trademark, just hasn't gotten through the registration process yet. The name now has the 'R' after it. See below.

Typed Drawing


--------------------------------------------------------------------------------
Word Mark AUTOCOCKER
Goods and Services IC 013. US 002 009. G & S: Guns, gunsights for firearms, gun cartridges, gun cotton, gun locks, gun mounts, gun triggers; guns for firing tag cartridges and pellets; ammunition, namely, tagging pellets and cartridges. FIRST USE: 19910900. FIRST USE IN COMMERCE: 19910900
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75792260
Filing Date September 3, 1999
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 18, 2002
Registration Number 2616243
Registration Date September 10, 2002
Owner (REGISTRANT) WORRGAME PRODUCTS, INC. CORPORATION CALIFORNIA 13517 1/2 Alondra Boulevard Santa Fe Springs CALIFORNIA 90670
(LAST LISTED OWNER) WGP, LLC C/O JOHN D. FLYNN C/O BRASS EAGLE, LLC LIMITED LIABILITY COMPANY DELAWARE 1201 S.E. 30TH STREET BENTONVILLE ARKANSAS 72712

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Colin P. Abrahams
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

That's right from the PTO trademark search engine you ***************

It hurts real bad when reality doesn't match your beliefs, doesn't it?

Oh. I see, you're trying to differentiate the engineering from the tradedress/trademark issues.

First of all, that's a Palmer/ORR thing, and since I count both of them as close friends, I'm not jumping into that one at all.

Secondly, that issue has nothing whatsoever to do with the WGP/AKALMP lawsuit - which is what I was talking about.

Third, many of the innovations in the 'cocker would have been patentable if they had bothered to apply for them - but that wasn't something folks in the industry did back then.

Fourth, protecting tradedress is just as legitimate and important as protecting patents, copyrights or trademarks. Take a look at the coca-cola bottle, and realize that the SHAPE for that bottle is one of the most vigorously protected pieces of trade dress in the world. Huge battles have been fought over it.

[Muzikman]

I think Dirtybunny misunderstood. I think he is talking about the actual "autococking" system. This idea was not developed by WGP. The only thing WGP did was put it all into a block of aluminum.

Even the Sniper was not their design. They just took a sheridan pump and put it into an aluminum body. And to be honest, kinda screwed up the design.

Think about it, Sheridan pumps used the bolt to pull back on the hammer. When WGP came out with the Sniper, they created the back block and cocking rod. then people realized that the back block just created more mass and the the new half blocks did away with the backblock:)

Yes, WGP/K2 has a trademark on the name "Autococker" and "Cocker" which in my mind is a great move on their part. They are not really hurting anyone by doing this. And yes you do not have to file for tradedress, so if something does "look" like the product that you make, and when people see said product, they think of your product, it can be protected. BUT, there are limitations to this. This is to prevent company A from using a similar design to fake people into thinking they are buying the other (more popular) products. I actually do not see this happening in many of the items in the WGD/K2 lawsuits.

Oh, and just incase you are wondering...

The Pneumatic operation of the "Autococker" was developed by Glenn Palmer
The valve/hammer used in the "Autococker" was developed by Sheridan

[spasticsquirrel]

The Pneumatic operation of the "Autococker" was developed by Glenn Palmer
The valve/hammer used in the "Autococker" was developed by Sheridan

they just took the best of both worlds and put them together..

[Muzikman]

they just took the best of both worlds and put them together..


Umm...no. Palmer guns use Sheridan valves. Hell, Palmer guns are based on the sheridan design completely. A Stroker is a Sheridan pump converted to a semi. So, all they did was take the pneumatic operated system used to convert a Sheridan pump, and place it in an aluminum block instead of stacked brass tubes.

[rabidchihauhau]

dirtybunny;

I apologize for going a little over the top in my last response to you. It pushed my 'I can't believe I'm still hearing this bs' button. So, for the tone of that response, I apologize. As for the facts, they still remain the facts.

Muzik,

granting for the moment that everything you say is true - why does that situation draw your ire? Do you think that there's anything technological on the face of this planet that isn't based on someone else's previous work? Maybe we should all stop using anything that has a wheel in it because way back when 'Ug' the caveman invented the wheel and everyone just copied him...Good thing 'Gug' hadn't invented patents back then, huh?

The sniper is truly a hybrid design. Going the way Bud went lightened the pump stroke and essentially separated the bolt action from the hammer action.

I have to treat these accusations of 'theft' of ideas personally, since I am friends (for a long time) with both Palmer and Bud. When I first met Bud, he was the only vendor at a tournament who helped me fix my gun; he worked on a competitor's gun, he gave me free parts and he was genuinely interested in what I had to say about that gun, his gun and gun technology.

When I first met Palmer, he was introducing a double barrelled monster of a gun; he had some really cool stuff and he was a very interesting personality.

I honestly try and ignore the ocassional squabbling because in my mind, both of these men have contributed greatly to this sport and I prefer to look at the positive things both of them have done, rather than the areas of contention. I'll not state an opinion on the subject because I don't have one (I'm not sufficiently interested to ask either of them what the 'real' story is) and its not necessary for me to have one in order to enjoy their company and to enjoy their products.

I think it would be best for most folks if they did the same - take what they have to offer and ignore the rest of it.

[yakitori]

its a shame that these ppl act like children. All of these paintball companies that are suing others are acting like :cry: crybabies. Its not helping the sport.

[Muzikman]

I honestly try and ignore the ocassional squabbling because in my mind, both of these men have contributed greatly to this sport and I prefer to look at the positive things both of them have done, rather than the areas of contention. I'll not state an opinion on the subject because I don't have one (I'm not sufficiently interested to ask either of them what the 'real' story is) and its not necessary for me to have one in order to enjoy their company and to enjoy their products.

I think it would be best for most folks if they did the same - take what they have to offer and ignore the rest of it.


No offense, but it's attitudes like this that caused Tom (and soon Glenn) to leave the industry. And I don't blame Bud as much as Jeff (which, where is he now?). The problem is that people getting into this sport are misinformed by so many others. They get the idea that Smart Parts built the first electro and that WGP invented the autococking system. And hell if you read that issue of SI a few weeks ago you would think that WGP also invented the first pump action paintball gun, which I hope most know is not true.

I have talked to Bud, but do not consider him a friend. I know Glenn much better, but wouldn't call him a friend either, though I have socialized with him. I guess what I am getting at, I too have met both these men many times, and I still see the old school attitude and principle in Glenn and do not see it in Bud any more.

[SlartyBartFast]

you have to apply for tradedress protection?!

Sorry to revive a thread (reall I am :rofl: ) but,

http://library.lp.findlaw.com/articles/file/00587/003089/title/Subject/topic/Intellectual%20Property_Trade%20Dress/filename/intellectualproperty_1_762

You don't HAVE to apply for tradedress protection, just like you don't HAVE to register a trademark. But it's difficult to prove and win your case if you don't.

(Same goes for copyright. You don't TECHNICALLY have to do anything to be protected. But it helps to take precautions to prove your rights.)