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FN Herstal v. Jag Precision Lawsuit Summary



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Just read the legal document that a friend found and shared with me... Complaint for Patent Infringement 'FN Herstal, S.A. et. al. v. Jag Precision' filed on Jan. 10, 2012.

The Cybergun and FNH products that the defendant JAG Precision imitated was 'Vega Force Company MK16 Light Version in FDE,' 'Vega Force Company MK16 Light Version in Black,' 'Echo1 Advanced Squad Carbine,' 'Echo1 Advanced Squad Carbine HEAVY (ASC-H) in Black,' 'Vega Force Company MK17 in FDE,' and 'Echo1 Advanced Squad Carbine HEAVY (ASC-H).'

The plaintiff FNH states that they have suffered $75,000 worth in damages and demands the defendant JAG Precision to pay "up to 3 times the amount of actual damages or assessed as appropriate under 35 U.S.C. Section 284." Also, "A judgment and order requiring corrective advertising to remedy the actual and potential customer confusion in the marketplace to due to Defendant's unlawful acts;"

That's a total of... $225,000 and advertising... Add that to Echo1/JAG's shaming at Shot Show 2012.


J0KER
Jan 19 2012 07:06 PM
Only thing of value lost was the GAT

FNH
Jan 19 2012 07:32 PM
Brian posted some Cybergun boycott link on facebook.

And zomg PKM.

J0KER
Jan 19 2012 08:50 PM
Brian's being pretty tight-lipped. He's not saying anything about the lawsuit, just about how he suddenly dislikes Cybergun. lol

andy
Jan 19 2012 10:49 PM
AN AMD!!! (that will hopefully not be a gajillion dollars like the LCT). Want want want want want.

Why no full sized FAL though? I mean, tactical carbines are cool and all, but a budget full sized would just be fantastic. Even better would be a full size with wood grips...


Bummer their booth got shut down though.

Strykr
Jan 19 2012 11:58 PM
Tried asking Brian about it and no response :-/

707tanman
Jan 20 2012 12:32 AM
Shakes head.

Guges Mk3
Jan 20 2012 07:49 AM
How stupid are they?

If Cybergun holds the right to one replica, Don't bring that REPLICA to SHOT! Idiots...

andy
Jan 20 2012 09:42 AM
What replica was it that Cybergun got them shut down for?

Pickles
Jan 20 2012 09:46 AM
what replica did they display that cybergun has rights to? I always thought E1 went through proper channels to get the licensing on most things.

Guges Mk3
Jan 20 2012 10:08 AM
Nope...Echo1 has a lot of replica's with No rights to them in the US.

See the FAL's? FAL > FNH = Cybergun held license in the US.

P90 is another...SCAR...anything FNH.

Guges Mk3
Jan 20 2012 01:52 PM
"So on the Echo-1 incident...The restraining order (which I just received a copy of) is related to the SCAR variants. No other gun(s) are mentioned in that court order, although I suspect there will be similar orders involving the M240 & M249."

And the P90 is next...

juansinanos
Jan 20 2012 06:26 PM
Wait, so is it a trademark issue or a whole gun external design issue (like the GBB Glocks)?

If it is the latter, I hadn't heard of companies other than Glock doing such mierda.

greatwatermelon
Jan 21 2012 01:13 AM


Peter Ho from Spartan Imports talks about the incident.

This post has been promoted to an article

laxweasel
Jan 21 2012 08:04 AM
I would hope it can't be a lawsuit based on external design, that doesn't even seem like it'd be possible. It'd have to be a trademark thing. Perhaps things were labeled as "SCAR" "FAL" and "P90" and they'll just have to do the same the other companies did (i.e. G&G UMG/CA UMC rather than UMP or the WE G39C or whatever they called it). I agree that if we're talking about trademarks, that's fine...you paid the royalties, you get to use the trademarks and the name. However if we're talking "we own the rights from FN so no one else can make a FAL" that's complete and utter @#$^%^ and will completely doom any amount of variety. I'm not going to depend on only one owner of the trademarks to come up with a reasonably priced, quality replica. And not to put too sharp a point on it, I just went to Spartan Imports' website and they are (re-)selling the A&K LR300 (labeled as such) and as far as I know they have no licensing deal with Z-M...so they ought to watch their words.

FNH
Jan 21 2012 08:10 AM
Echo-1 avoids using model names the same as the real thing. It probably is the silhouette that they own.
Glock did this as well.

Guges Mk3
Jan 21 2012 08:26 AM
Completely based on silhouette...

juansinanos
Jan 21 2012 10:22 AM
Looks like RS gun companies are jumping on the PIPA/SOPA bandwagon of fail.


A least with progressive Tula/Izhmash replicas we don't have to deal with gready capitalist companies trying to make a buck off of the airsoft market. I would think that having an abundance of replicas of a RS product would allow people to be comfortable with a particular gun brand and then buy the RS version when they decide that they have need of an actual firearm. It isn't like RS gun companies are lossing money because of airsofters, as RS and airsoft are two seperate markets.

Guges Mk3
Jan 21 2012 11:06 AM
The law is the law...and in the US...it is enforced.

J0KER
Jan 21 2012 11:16 AM

View Postjuansinanos, on 21 January 2012 - 10:22 AM, said:

Looks like RS gun companies are jumping on the PIPA/SOPA bandwagon of fail.

..wat

View Postjuansinanos, on 21 January 2012 - 10:22 AM, said:

A least with progressive Tula/Izhmash replicas we don't have to deal with gready capitalist companies trying to make a buck off of the airsoft market. I would think that having an abundance of replicas of a RS product would allow people to be comfortable with a particular gun brand and then buy the RS version when they decide that they have need of an actual firearm. It isn't like RS gun companies are lossing money because of airsofters, as RS and airsoft are two seperate markets.

>yfw Izhmash already sold the rights to the Kalashnikov image to Cybergun

FNH
Jan 21 2012 11:19 AM
Guges was your post regarding silhouette sarcastic? I can't seem to tell.

Also, how would you feel if someone made a replica that has a record for being one of the lowest quality replica's on the market? And you are also not getting anything from that? Pretty sure these companies invested alot of money into their design.

J0KER
Jan 21 2012 11:35 AM

View PostFNH, on 21 January 2012 - 11:19 AM, said:

Also, how would you feel if someone made a replica that has a record for being one of the lowest quality replica's on the market? And you are also not getting anything from that? Pretty sure these companies invested alot of money into their design.

I think a better way to say this would be, "How would you feel if you spent thousands of dollars on R&D for a complex machine, and someone copied the design and re-sold it without consulting you?"

juansinanos
Jan 21 2012 11:45 AM

View PostJ0KER, on 21 January 2012 - 11:16 AM, said:

..wat

I liken it to PIPA/SOPA because it deals with draconian copyright enforcement issues and laws. Trademark enforcement I see as a legitimate issue but copyright of a silhouette is just bush league.


>yfw Izhmash already sold the rights to the Kalashnikov image to Cybergun

I know that there are some crappy kalashnikov AEGs out there with a horrendous trademarks that claim to be licensed by cybergun but I haven't heard any problems based on silhouette. Also is it even possible to license the Kalashnikov profile with so many RS clones out there? I'm sure Cybergun doesn't even want to go there. At least my AS VAL is safe from the gready clutches of Cybergun (knock on wood).


Dear Cybergun,

FFFFFFFFFFFFFFUUUUUUUUUUUUUUUUUUUUUUUUU

J0KER
Jan 21 2012 12:04 PM

View Postjuansinanos, on 21 January 2012 - 11:45 AM, said:

claim to be licensed by cybergun

Posted Image

And those "horrendous replicas" are basically Cyma and Dboys AK's, which people keep saying are some of the best budget guns on the market.

laxweasel
Jan 21 2012 12:28 PM

View PostJ0KER, on 21 January 2012 - 11:35 AM, said:

I think a better way to say this would be, "How would you feel if you spent thousands of dollars on R&D for a complex machine, and someone copied the design and re-sold it without consulting you?"
It'd be a bit different perhaps if it weren't just the silhouette. Most of the R&D money went into what's going on inside. Plus, for most wildly successful firearms there are lookalike knockoffs and you don't see them trying to sue everyone into the ground. Sig still hasn't had a fit trying to stop EAA from importing Zatavas...anyone who wants the Sig quality will shell out for the Sig.
The argument about quality products would be a valid point but obviously they don't care about the quality that much...from all reviews the H&K trademarked G36 AEGs are pretty shoddy. The RS manufacturers are obviously just taking a bundle of cash for the licensing and forgetting about it, and then Cybergun and the licensing companies are jacking up the price to slap the logo on there.
And if it is all about the silhouette my previous point still stands -- Spartan Imports better watch what they say. The silhouette of the LR-300 and the Sig 556 are both pretty distinctive, and they sell non-licensed versions of both on their website.

kavurcen
Jan 21 2012 02:56 PM
I don't think the Kalashnikov replica trademarks apply to the sillhouette, only to the actual trademarks themselves (i.e. a bust of Mikhail and a signature? weird *****).
If they did apply to the sillhouette... well, I would just about fall over laughing considering that couldn't be done for realsteel.

Guges Mk3
Jan 21 2012 06:10 PM
Cybergun owns Spartan. Thus Spartan can sell SIGS.

LR300 is now owned by ParaOrdnance...not sure if Cybergun has PO license rights.

greatwatermelon
Jan 21 2012 06:59 PM
Sounds like the Spartan Imports vs JAG competition is heating up.

greatwatermelon
Jan 24 2012 03:38 AM
Just read the legal document that a friend found and shared with me... Complaint for Patent Infringement 'FN Herstal, S.A. et. al. v. Jag Precision' filed on Jan. 10, 2012.

The Cybergun and FNH products that the defendant JAG Precision imitated was 'Vega Force Company MK16 Light Version in FDE,' 'Vega Force Company MK16 Light Version in Black,' 'Echo1 Advanced Squad Carbine,' 'Echo1 Advanced Squad Carbine HEAVY (ASC-H) in Black,' 'Vega Force Company MK17 in FDE,' and 'Echo1 Advanced Squad Carbine HEAVY (ASC-H).'

The plaintiff FNH states that they have suffered $75,000 worth in damages and demands the defendant JAG Precision to pay "up to 3 times the amount of actual damages or assessed as appropriate under 35 U.S.C. Section 284." Also, "A judgment and order requiring corrective advertising to remedy the actual and potential customer confusion in the marketplace to due to Defendant's unlawful acts;"

That's a total of... $225,000 and advertising... Add that to Echo1/JAG's shaming at Shot Show 2012.

This post has been promoted to an article

FNH
Jan 24 2012 04:48 AM
Didn't spartan get in trouble with classic army scars a few months back for the same reasons.

Guges Mk3
Jan 24 2012 07:16 AM
Now its not an issue. Spartan is owned by Cybergun. Cybergun holds FNH trades as of last year