06-07-2009, 07:02 PM
Join Date: Dec 2005
Location: Land of the Sun
Someone's suing paintball.....OMG it's not Smart Parts!
Heckler & Koch, Inc. v. BT Paintball Designs, Inc.
RFC Case Number:T-H09-689BCourt Case Number:1:09-cv-00689-DFH-TAB
File Date:Wednesday, June 03, 2009
Plaintiff:Heckler & Koch, Inc.
Plaintiff Counsel: Brian J. McGinnis, Darlene R. Seymour of Continental Enterprises
Defendant:BT Paintball Designs, Inc.
Cause:15:1125 Trademark Infringement (Lanham Act)
Court:Indiana Southern District Court
Judge: Judge David Frank Hamilton
Referred To: Magistrate Judge Tim A. Baker
Selected short subject affects........
You recently listed the following auction-style listing:
- Tippmann X7 w/E-Grip Package + Apex + Vest + HPA Tank
The listing was removed because it violated eBay policy.
The rights owner, Heckler & Koch, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.
The rights owner reported the following information:
Your auction has been terminated because the Tippmann X7, A5, X36 Special Ops and/or other brand conversion/modification kits and or paintball markers being advertised for sale by you is used exclusively for the purpose of creating an unlicensed paintball replica of the H&K MP5®, G36® and/or UMP®. The H&K MP5®, G36® and/or UMP® designation and shape are the sole property of H&K and may not be used without its permission. Heckler and Koch does NOT license any manufacturer to make any modification kits that would replicate any Heckler and Koch weapons. H&K vigorously protects their trademarks and intellectual property at all levels.
Trademark infringement is unlawful and violates eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.
Pretty sure other companies are involved in this as well. Wait till they get ahold of the airsoft manufacturers -
I predict a sale on TM-7's soon -
KUSA Old School Alumni #4939
Posts: 14,000+ before the old mothership went down
Jealousy is the tribute mediocrity pays to genius while feeling alone apposed to smiling adversaries....