Someone's suing paintball.....OMG it's not Smart Parts!

[DRAGON]

Heckler & Koch, Inc. v. BT Paintball Designs, Inc.

Lawsuit Details

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........

Dear ******,

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 -

[bigred76]

They're going after a bunch of airsoft companies as well as Tippmann. Good for H&K, I've been waiting for this for a loooooooong time.

[ferret15]

oh lol, i'm excited to see these guys pull something out of there ass, I've been wondering how they got away with that for a while now.

[TheDarkShadow]

Oh snap!

[DFSniper]

lol. interesting.

[marvin-martian]

haha. this is going to be fun to watch...

[slim and shady]

Well I suppose thats bein in the making for some time.

[TheDarkShadow]

after they came out with the TM7, I'm sure they figured that they had more than enough evidence to get them good

[Ibuildmyguns]

having a hard time getting into it. It isnt like they are in the same sellers market. Perhaps I just dont get it, wouldnt be the first time and wont be the last.

[bigred76]

Well, look at the BT/Tippmann markers. They look like H&K firearms, and thus violate trademarks.