More legal happenings in Paintball

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  • WenULiVeUdiE
    Force of Nature Staff
    • Jan 2004
    • 1982

    #1

    More legal happenings in Paintball

    Oh boy, this one is quite large. Go http://www.forceofnature.com/index.p...icles/news/306 for the whole story.
    I'm surprised K2 still went after focker producers after Glenn sent them the letter.
    Hey, look at that! It's Santa!

  • Target Practice
    irc.zirc.org:6667 = chat!
    • Nov 2003
    • 3180

    #2


    "Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin slitting throats." --Henry Louis Mencken.

    Comment

    • SlartyBartFast
      The Flying Scotsman
      • Jun 2002
      • 2940

      #3
      Well, that explains why Dragun aren't answering their phones.

      Comment

      • WenULiVeUdiE
        Force of Nature Staff
        • Jan 2004
        • 1982

        #4
        I guess it is a good thing they redesigned the Reloader. But if they are referring to the new design, then they're

        I'd love to see manike comment on this one.
        Hey, look at that! It's Santa!

        Comment

        • Onryou
          www.hyden-gahl.org
          • Nov 2003
          • 299

          #5
          "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.

          Comment

          • SlartyBartFast
            The Flying Scotsman
            • Jun 2002
            • 2940

            #6
            Originally posted by 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.
            Actually, if AGD never applied for tradedress protection of the single tube design they missed out on a great opportunity.

            Comment

            • slade
              Carpe Noctem
              • Apr 2004
              • 3442

              #7
              Originally posted by SlartyBartFast
              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?!
              xvalve, ule body, logic vert frame, WWA barrel
              68/30 PE nitro tank
              cp unimount
              halo B

              Comment

              • Deep Sixx
                Registered User
                • Dec 2002
                • 345

                #8
                Originally posted by WenULiVeUdiE
                Oh boy, this one is quite large. Go http://www.forceofnature.com/index.p...icles/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
                Henry
                Storm: Naughty
                Paint Storm - Empire - Evil

                Comment

                • mag/cocker lover
                  Element *608*
                  • Jul 2003
                  • 1295

                  #9
                  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.
                  President Of the UW-Madison Badger Ballers

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                  1 of 35 SFL Emags VV02746
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                  Comment

                  • robb2269
                    Registered User
                    • Dec 2003
                    • 63

                    #10
                    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.
                    ROBB2269 :shooting:
                    Minimag rail, X-Valve black, ULE CF body black, ULT trigger, ULE Intelliframe, Shochtech mini drop w/on off, Dye Ultra light barrel kit, Evo II z-board smoke.
                    :cheers:
                    Titenium Karnivor, Dye Ultra kit, Evo II z-board

                    Comment

                    • slade
                      Carpe Noctem
                      • Apr 2004
                      • 3442

                      #11
                      Originally posted by 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.


                      read the post right above you.
                      the WGP cocker is a knock off!!!
                      xvalve, ule body, logic vert frame, WWA barrel
                      68/30 PE nitro tank
                      cp unimount
                      halo B

                      Comment

                      • DiRTyBuNNy
                        Registered User
                        • Sep 2001
                        • 4854

                        #12
                        Originally posted by RogueFactor
                        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?
                        Dirty Clothes for Dirty Ballers!

                        Comment

                        • rabidchihauhau
                          What Oppenheimer said 7/16
                          • Sep 2001
                          • 766

                          #13
                          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".
                          VENGEANCE PAINTBALL DISTRIBUTORS
                          X.O. INDUSTRIES PAINTBALLS

                          Comment

                          • athomas
                            Of course it works-its AGD
                            • Jan 2002
                            • 8039

                            #14
                            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.
                            Except for the Automag in front, its usually the man behind the equipment that counts.

                            Comment

                            • DiRTyBuNNy
                              Registered User
                              • Sep 2001
                              • 4854

                              #15
                              Originally posted by 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".
                              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...
                              Dirty Clothes for Dirty Ballers!

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