Tippmann Paintball Homepage
Forum Home Forum Home > News And Views > Thoughts and Opinions
  New Posts New Posts
  FAQ FAQ  Forum Search   Register Register  Login Login

uh oh... tippmann getting sued?

 Post Reply Post Reply Page  123 4>
Author
Message
procarbinefreak View Drop Down
Moderator Group
Moderator Group
Avatar
Budget Medical Procedures Available

Joined: 12 June 2002
Location: United States
Status: Offline
Points: 12920
Post Options Post Options   Thanks (0) Thanks(0)   Quote procarbinefreak Quote  Post ReplyReply Direct Link To This Post Topic: uh oh... tippmann getting sued?
    Posted: 07 June 2009 at 1:40am
Heckler & Koch, Inc. v. Tippman Sports LLC et al

RFC Case Number: T-H09-560T
Court Case Number: 1:09-cv-00560-WTL-TAB
File Date: Wednesday, May 06, 2009
Plaintiff: Heckler & Koch, Inc.
Plaintiff Counsel: Brian J. McGinnis, Darlene R. Seymour of Continental Enterprises
Defendant: Tippman Sports LLC
Tigerstripe Paintball LLC
Cause: 15:1114 Trademark Infringement
Court: Indiana Southern District Court
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker
Back to Top
Monk View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 23 October 2003
Location: United States
Status: Offline
Points: 6557
Post Options Post Options   Thanks (0) Thanks(0)   Quote Monk Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 1:43am
Because of the overall look of the a-5? 
Back to Top
ammolord View Drop Down
Moderator Group
Moderator Group
Avatar
Started from the botttom, not there yet

Joined: 06 July 2007
Location: Minot, ND
Status: Offline
Points: 1850
Post Options Post Options   Thanks (0) Thanks(0)   Quote ammolord Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 2:12am
details?
PSN Tag: AmmoLord
XBL: xXAmmoLordXx


~Minister of Tinkering With Things That Go "BOOM!"(AKA Minister of Munitions)~
Back to Top
Frozen Balls View Drop Down
Platinum Member
Platinum Member
Avatar
Strike 1, filter dodge, 1.28.10

Joined: 14 June 2004
Location: United States
Status: Offline
Points: 5865
Post Options Post Options   Thanks (0) Thanks(0)   Quote Frozen Balls Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 2:20am
I can't find anything on a legitimate site about this...?

Back to Top
jmac3 View Drop Down
Moderator Group
Moderator Group
Avatar
Official Box Hoister

Joined: 28 June 2004
Status: Offline
Points: 9204
Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 6:38am
Good
Que pasa?


Back to Top
Yomillio View Drop Down
Platinum Member
Platinum Member
Avatar
Retard

Joined: 31 July 2005
Location: United States
Status: Offline
Points: 3398
Post Options Post Options   Thanks (0) Thanks(0)   Quote Yomillio Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 7:38am
Saw this yesterday on the Nation, too.  I mean the A5 is similar, but not that similar...
Back to Top
Skillet42565 View Drop Down
Platinum Member
Platinum Member
Avatar
Strike 1: Taunting Mods on Facebook

Joined: 25 December 2004
Location: Liechtenstein
Status: Offline
Points: 9556
Post Options Post Options   Thanks (0) Thanks(0)   Quote Skillet42565 Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 8:38am
They probably shouldn't have knocked off another companies intellectual property.
Back to Top
usafpilot07 View Drop Down
Moderator Group
Moderator Group
Avatar
FreeEnterprise's #1 Fan & Potty Mouth

Joined: 31 August 2004
Location: Tokelau
Status: Offline
Points: 4626
Post Options Post Options   Thanks (0) Thanks(0)   Quote usafpilot07 Quote  Post ReplyReply Direct Link To This Post Posted: 07 June 2009 at 10:28pm
haha, H&K is pulling a smart parts.
Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo
Back to Top
The Guy View Drop Down
Platinum Member
Platinum Member
Avatar
Soup Can Guy

Joined: 18 March 2004
Status: Offline
Points: 6666
Post Options Post Options   Thanks (0) Thanks(0)   Quote The Guy Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 2:01am
Originally posted by usafpilot07 usafpilot07 wrote:

haha, H&K is pulling a smart parts.


no they arn't.

They are suing someone for making a look-alike of their gun.

If they were pulling a smatparts, they would patent a "trigger operated gun" and then sue everyone.
Back to Top
bravecoward View Drop Down
Moderator Group
Moderator Group
Avatar
oxymoran

Joined: 21 May 2004
Location: United States
Status: Offline
Points: 61659
Post Options Post Options   Thanks (0) Thanks(0)   Quote bravecoward Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 2:33am
they probably google searched mp5s an found a bunch of milsim a5s
Back to Top
Monk View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 23 October 2003
Location: United States
Status: Offline
Points: 6557
Post Options Post Options   Thanks (0) Thanks(0)   Quote Monk Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 3:47am
Originally posted by bravecoward bravecoward wrote:

they probably google searched mp5s an found a bunch of milsim a5s


Apparently though they are in the process of suing a large group of manufactures such as Ben Tippmann as well as some airsoft makers.
Back to Top
oldsoldier View Drop Down
Moderator Group
Moderator Group

Crazy old guy

Joined: 10 June 2002
Status: Offline
Points: 6725
Post Options Post Options   Thanks (0) Thanks(0)   Quote oldsoldier Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 8:02am
Interesting, the A-5 as designed by Brad Stewart took the basic form of the MP5, and the sights are the only direct copy. Those of you that remmember myself and Brad play tested the prototypes at a game in Kentucky. That was my first comment was its resemblance to the MP5.

Now in the airsoft community the MP5 is a comman weapon used. And they are an exact copy of the weapon. Several manufacturers make MP5's in various forms and even the trademerks are present on the weapons. So this in itself is an interesting string of events.

I have looked to see if airsoft manufacturers have licensed the copy of the MP5, for I know to get the correct markings and design of Colt weapons the manufacturers bought a license to market the guns. My M16 has correct Colt markings, and my M14 has correct Springfield Armory markings.

The paintball A5 is close but not a dircet copy, so the reasoning to me is not that clear. Even with the BT front stock group, the A5 is still not a direct copy as the airsoft MP5's are.

Classic Army an airsoft manufacturer has issued a statement that they had purchased a license to manufacture HK, Colt, and other direct copies of real weapons. So my question is, is a license required for a simular but not direct copy, many paintball guns have roots in military designs, is the door going to be opened to kill the milsim market?
Back to Top
Rofl_Mao View Drop Down
Platinum Member
Platinum Member
Avatar
request denied

Joined: 27 October 2008
Location: Canada
Status: Offline
Points: 3210
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rofl_Mao Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 12:13pm
Heckler & Koch, Inc.

HAHAHA! LOL
Back to Top
tallen702 View Drop Down
Moderator Group
Moderator Group
Avatar
Hipster before Hipster was cool...

Joined: 10 June 2002
Location: Under Your Bed
Status: Offline
Points: 11857
Post Options Post Options   Thanks (0) Thanks(0)   Quote tallen702 Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 12:32pm
I think H&K is going to have a tough time winning this one. They haven't taken enough steps in the past to prevent the use of the MP5's image or style from being used for decades. Case in point? Video games have been using the MP5's design/model for decades and have only changed the name of the weapon and have never been sued by H&K for infringement upon their IP. Furthermore, their have been numerous companies to not only make look-alike paintball guns and airsoft guns, but water-guns and even actual firearms as well.
<Removed overly wide sig. Tsk, you know better.>
Back to Top
Benjichang View Drop Down
Moderator Group
Moderator Group
Avatar
I pwned Leroy Jenkins!

Joined: 03 January 2004
Location: Ohiya
Status: Offline
Points: 12618
Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 12:40pm
Originally posted by Rofl_Mao Rofl_Mao wrote:

Heckler & Koch, Inc.

HAHAHA! LOL
How is that funny?

irc.esper.net
#paintball
Back to Top
The Guy View Drop Down
Platinum Member
Platinum Member
Avatar
Soup Can Guy

Joined: 18 March 2004
Status: Offline
Points: 6666
Post Options Post Options   Thanks (0) Thanks(0)   Quote The Guy Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 12:44pm
Yeah, I don't really see them having any ground for this, unless they have a specific patent on the rotating rear site. Other than that, the A5...... KINDA... looks like an MP5, but it has to be modded with aftermarket parts to really be considered a clone.

On the other hand, Ben Tippmann with the TM7, that might be an easier target. Maybe HK should do what SP did, go after smaller companies first to set president  so its easier to go after large companies. Like SP going after ICD first.
Back to Top
Frozen Balls View Drop Down
Platinum Member
Platinum Member
Avatar
Strike 1, filter dodge, 1.28.10

Joined: 14 June 2004
Location: United States
Status: Offline
Points: 5865
Post Options Post Options   Thanks (0) Thanks(0)   Quote Frozen Balls Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 2:10pm
Originally posted by tallen702 tallen702 wrote:

I think H&K is going to have a tough time winning this one. They haven't taken enough steps in the past to prevent the use of the MP5's image or style from being used for decades. Case in point? Video games have been using the MP5's design/model for decades and have only changed the name of the weapon and have never been sued by H&K for infringement upon their IP. Furthermore, their have been numerous companies to not only make look-alike paintball guns and airsoft guns, but water-guns and even actual firearms as well.


That's a good point. (your second sentence)

Back to Top
slackerr26 View Drop Down
Gold Member
Gold Member
Avatar
Strike 2 - language, 8/20

Joined: 24 June 2008
Location: Russian Federation
Status: Offline
Points: 1697
Post Options Post Options   Thanks (0) Thanks(0)   Quote slackerr26 Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 2:20pm
Originally posted by Benjichang Benjichang wrote:

Originally posted by Rofl_Mao Rofl_Mao wrote:

Heckler & Koch, Inc.

HAHAHA! LOL
How is that funny?
 
dunno. its pronounced coke
Back to Top
agentwhale007 View Drop Down
Moderator Group
Moderator Group
Avatar
Forum's Noam Chomsky

Joined: 20 June 2002
Location: Statesboro, GA
Status: Offline
Points: 12014
Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 2:26pm
Originally posted by tallen702 tallen702 wrote:

Video games have been using the MP5's design/model for decades and have only changed the name of the weapon and have never been sued by H&K for infringement upon their IP.



But is there a difference between pixels in a video game and a physical, tangible good?
Back to Top
jmac3 View Drop Down
Moderator Group
Moderator Group
Avatar
Official Box Hoister

Joined: 28 June 2004
Status: Offline
Points: 9204
Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 08 June 2009 at 4:54pm
Originally posted by oldsoldier oldsoldier wrote:

many paintball guns have roots in military designs, is the door going to be opened to kill the milsim market?


Hopefully.
Que pasa?


Back to Top
 Post Reply Post Reply Page  123 4>
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 12.04
Copyright ©2001-2021 Web Wiz Ltd.

This page was generated in 0.340 seconds.