 ATICSR_Christopher
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 Posts: 158 Feedback: 0-0-0 |
Posted: 9/25/2009 4:24:57 PM
[Last Edit: 9/28/2009 2:06:54 PM by ATICSR_Christopher]
September 25, 2009
To whom it may concern, This is a letter to inform you of the present status regarding the lawsuit filed upon German Sport Guns and American Tactical Imports Inc. (ATI) by H&K for alleged trade dress infringement for the GSG-5 series of firearms. Although this lawsuit is ongoing, ATI would like to update you with information about this lawsuit. This trade dress suit is very similar to the 2004 trade dress lawsuit imposed by Colt on Bushmaster and H&K regarding the appearance of the M4/AR-15. The ultimate result of the Colt lawsuit stated that there is no trade dress rights associated with this design. The lawsuit was then dismissed. German Sport Guns and ATI are both highly confidant that if this lawsuit goes to court, it will conclude with a similar result as the Colt lawsuit. It is clear to any gun enthusiast that the H&K MP-5 is based on the design of the original G3, a design which is owned by the German government. It is also well known that the German government and several other nations gained permission to create the G3 and other variations based off of the original Spanish CETME assault rifle. These firearms are still available for sale in many countries around the world. This information is noted in detail in H&K’s history book, “H&K Heckler & Koch” by Manfred Kersten and Walter Schmid, available through firearm and book retailers. German Sport Guns and ATI feel that this information available in the public domain greatly helps solidify our stance regarding the GSG-5. The GSG-5 is currently sold to 55 different countries. If German Sport Guns and ATI do not win this lawsuit, these firearms as well as any H&K MP-5 style firearm, air gun, air soft gun, or paintball gun, as well as any MP-5 style accessories not manufactured by H&K, will no longer be able to be imported and sold in the United States. We are not currently the only victims of this type of trade dress lawsuit with H&K. There are 24 other companies as defendants involved in this same type of action with H&K. You can view their other dockets here: H&K lawsuits against 24 companies Although ATI is still currently importing the GSG-5 carbines and pistols, the available stock of these firearms may dwindle due to an increase in demand because of this lawsuit. German Sport Guns and ATI are aware that distributors and dealers may be concerned regarding the value of their GSG purchases. As history shows, regarding lawsuits of this nature, the value and demand may skyrocket. German Sport Guns and ATI will hold firm on the current pricing of the GSG-5 products. We will not be changing any of our standard policies no matter the outcome of the lawsuit. It is German Sport Guns and ATI’s highest priority to win this lawsuit so that we can continue to provide the GSG-5 to firearm enthusiasts all over the country. Regardless of the outcome, ATI will continue to provide the same outstanding quality of warranty and customer services to all GSG-5 owners from our service center in Rochester, NY. German Sport Guns and American Tactical Imports remain diligent and dedicated in pursuing the legal justice we expect to see in the outcome of this lawsuit. As you have seen with the additions of the GSG-AK47 series and the upcoming GSG 1911 pistol, German Sport Guns and ATI will continue to add new models and features to the growing line up of German Sport Gun firearms. We appreciate your continued support of our businesses during this unfortunate situation. Sincerely, Anthony DiChario American Tactical Imports President C.E.O. |
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Zebulon_Batty
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Joined: Jan 2005 UT, USA
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Posted: 9/25/2009 7:06:22 PM
Sorry to hear you guys are getting sued, I hope you win the lawsuit. I've got my GSG-5 about a year ago and love it. So does everybody who shoots it. My best friend and my brother are both wanting to get one. I guess I better tell them to get one ASAP.
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Choadlywan 
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Joined: Oct 2008 AZ, USA
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Posted: 9/25/2009 8:12:17 PM
Sock it to 'em, and then counter-sue for legal costs/damages.
All the market will bear, plus 10%. |
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zul
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Joined: May 2008 OR, USA
Posts: 465 Feedback: 0-0-0 |
Posted: 9/25/2009 8:39:50 PM
All the best of luck to you guys to come out in your favor. I hate it when big companies try to do this shit. If HK didnt snub their noses at the civilian market and actually made models of their rifles reasonably priced, then they wouldnt have this problem to begin with.
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ShortyBP
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Joined: Nov 2003 VA, USA
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Posted: 9/25/2009 8:41:06 PM
HK sure is getting sue-happy.
They recently sued Tippmann Sports for their A5/X7 paintball gun lines and accessories as well. |
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DrJester
The Internet Is Serious Business.
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Joined: May 2004 OK, USA
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Posted: 9/25/2009 8:48:05 PM
Glad I never threw any money towards HK products. They certainly will never see a penny from this day on.
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BobCole
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Joined: Oct 2001 TN, USA
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Posted: 9/25/2009 11:31:34 PM
Originally Posted By DrJester:
Glad I never threw any money towards HK products. Translation: I can't afford a USP...................... 
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haLfLiFe
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Joined: Nov 2007 OR, USA
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Posted: 9/26/2009 12:52:18 AM
Originally Posted By ATICSR_Christopher:
Regardless of the outcome, ATI will continue to provide the same outstanding quality of warranty and customer services to all GSG-5 owners from our service center in Rochester, NY. Sincerely, Anthony DiChario American Tactical Imports President C.E.O. That's what I like to hear. I have had nothing but exceptional service from you folks on every occasion, you have some quality employees on hand.  |
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ATICSR_Christopher
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Joined: Feb 2009 NY, USA
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Posted: 9/26/2009 10:12:54 AM
Thanks everyone for your support!
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cantgrowup
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Joined: Apr 2006 LA, USA
Posts: 82 Feedback: 0-0-0 |
Posted: 9/26/2009 11:45:24 AM
[Last Edit: 9/26/2009 11:52:44 AM by cantgrowup]
Originally Posted By ATICSR_Christopher:
September 25, 2009 To whom it may concern, As you have seen with the additions of the GSG-AK47 series and the upcoming GSG 1911 pistol, German Sport Guns and ATI will continue to add new models and features to the growing line up of German Sport Gun firearms. We appreciate your continued support of our businesses during this unfortunate situation. Sincerely, Anthony DiChario American Tactical Imports President C.E.O. Hey Anthony..... Give us an STG-43 or MP-44 Sturmgewehr in .22LR and price it around $600....$700....$800! I'll pay you right now! And I'm pretty sure that the Third Reich or C. G. Haenel Waffen und Fahrradfabrik won't sue you.  |
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ALLANJ
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Posted: 9/26/2009 6:55:22 PM
I hope H&K chokes on it.
It's not like they try to sell us a similiar rifle. |
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bloodsport2885
Use of live ammunition is now authorized
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Joined: Feb 2005 TN, USA
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Posted: 9/26/2009 7:25:25 PM
Originally Posted By ALLANJ:
I hope H&K chokes on it.
It's not like they try to sell us a similiar rifle. They are now just because of these lawsuits. Problem is, its going to be Walther making them. The Colt .22 from Walther was pretty ill received. |
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Mach1run
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Joined: Jun 2009 TX, USA
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Posted: 9/27/2009 10:50:51 AM
So am I reading that right, if HK wins then the GSG will still be sold in the other 54 countries just not the US? That would blow.
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ATICSR_Christopher
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Joined: Feb 2009 NY, USA
Posts: 162 Feedback: 0-0-0 |
Posted: 9/28/2009 2:08:14 PM
Hello All,
Here's some more news and good news too! Thanks for your continued support. ~Christopher In the lawsuit filed by HK against ATI and GSG in federal court in Indianapolis, Judge Lawrence recently handed down his decision on our motion to dismiss the Indiana statutory claims. In our motion, we asked the court to dismiss the Indiana conversion claim, and the Court has done so. In our motion, we also asked the court to dismiss the cause of action asserted under the Indiana deception statute, and the court has done so. In our motion, we also asked the court to dismiss the claims asserted under the Indiana forgery and counterfeiting statutes, and the court has dismissed those claims to the extent that they are based upon the appearance of the GSG-5 firearm products. To the limited extent that HK’s forgery and counterfeiting claims are based on the product description labels affixed to the ends of GSG’s firearms cartons, those claims are not dismissed. However, the court states that, to be successful on those claims, HK will have to prove at trial that those product description labels “purport to have been made by or under the authority of Plaintiff” and that “[w]hether the Plaintiff can prove that element of their claims remains to be seen.” It also remains to be seen whether HK will be successful on any of the other claims remaining in the lawsuit. Tony DiChario President and CEO American Tactical Imports (ATI) Inc. |
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dirtbikesandguns
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Joined: Jan 2009 NV, USA
Posts: 377 Feedback: 0-0-0 |
Posted: 9/28/2009 2:14:49 PM
[Last Edit: 9/28/2009 2:16:34 PM by dirtbikesandguns]
So, ......Your all good except for the box the GSG comes in???
Or are there many more claims to sort through?? I'm gonna IM you a question too- |
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ATICSR_Christopher
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Joined: Feb 2009 NY, USA
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Posted: 9/28/2009 4:55:32 PM
Well, we'll see on all of it being 'good,' heh. But having areas dismissed is definately good. German Sport Guns and ATI did depositions for court last week, we had the Germans here, who sha-bang. It was after these were done that we had several claims dismissed.
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BobCole
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Posted: 9/28/2009 9:27:19 PM
If you don't mind me asking, when the case went to court, where there exhibits presented as evidence, i.e. the actual guns themselves? Or was it all on paper & verbal arguements?
I kinda giggle when I picture a judge who doesn't know shit from shinola about firearms trying to come to a decision on this thing..............  |
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ATICSR_Christopher
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Posted: 9/29/2009 10:17:51 AM
Well, this hasn't gone to actual court yet. Last week was ATI & GSG depositions and the dismissed charges followed our depositions. I guess the way it goes, H&K will do theirs next and then at that point in time if they don't make us a ridiculously nice offer to settle it will then go to court. There's some other really odd and interesting things going on right now with this suit that I can't talk about yet, but once I get the go ahead, all info will be shared on this thread.
Consequently, as this is a major issue with us and we want to make sure that we spread as much info as possible; Jackal2001, Tony, the owner of our company wants to know if we can have this thread and the GSG/ATI vs H&K poll going on on here pinned up top until this ordeal is over. We've made a viewer out of him on here now at least! Thanks! |
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Bubbles
Luv C3!
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Joined: Jan 2001 WV, USA
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Posted: 9/29/2009 10:32:49 AM
Originally Posted By ATICSR_Christopher:
...if they don't make us a ridiculously nice offer to settle it will then go to court. I do hope that includes a lot more than just attorney fees. |
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haLfLiFe
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Joined: Nov 2007 OR, USA
Posts: 2660 Feedback: 0-0-0 |
Posted: 9/29/2009 10:48:28 AM
Originally Posted By ATICSR_Christopher:
Jackal2001, Tony, the owner of our company wants to know if we can have this thread and the GSG/ATI vs H&K poll going on on here pinned up top until this ordeal is over. We've made a viewer out of him on here now at least! Thanks! That sounds like a really good idea. |
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MP0117
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Joined: May 2007 TN, USA
Posts: 446 Feedback: 0-0-0 |
Posted: 9/29/2009 10:54:28 AM
Screw HK. I can't believe they'd pull that shit after the Colt fiasco.
I quit buying their product many years ago. Looks like a good decision. |
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runs-with-scissors
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Joined: Dec 2005 VA, USA
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Posted: 9/29/2009 11:02:32 AM
Good luck ATI –– i really hope you guys win, keep up the good fight
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Deadheadmatt
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Joined: Mar 2009 ID, USA
Posts: 11 Feedback: 0-0-0 |
Posted: 9/29/2009 1:17:53 PM
Originally Posted By ATICSR_Christopher:
Well, this hasn't gone to actual court yet. Last week was ATI & GSG depositions and the dismissed charges followed our depositions. I guess the way it goes, H&K will do theirs next and then at that point in time if they don't make us a ridiculously nice offer to settle it will then go to court. There's some other really odd and interesting things going on right now with this suit that I can't talk about yet, but once I get the go ahead, all info will be shared on this thread. Consequently, as this is a major issue with us and we want to make sure that we spread as much info as possible; Jackal2001, Tony, the owner of our company wants to know if we can have this thread and the GSG/ATI vs H&K poll going on on here pinned up top until this ordeal is over. We've made a viewer out of him on here now at least! Thanks! Christopher, Good luck in your case. You may want to run this past your legal counsel first. I know you want to get the word out on what is going on, but I am sure your attorneys want you to be careful what you disclose on a public forum. Be sage and good luck. Matt |
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ATICSR_Christopher
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Joined: Feb 2009 NY, USA
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Posted: 10/2/2009 8:46:17 AM
Hello,
Below is a link to the actual notice of dismissal from a State Court of Indiana. Click the link for the PDF! Several Motions Dismissed |
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edman99
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Joined: May 2004 GA, USA
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Posted: 10/2/2009 9:18:54 AM
Originally Posted By ATICSR_Christopher:
Hello, Below is a link to the actual notice of dismissal from a State Court of Indiana. Click the link for the PDF! Several Motions Dismissed Anthony The trade dress claim which HK is making seems to be so ridiculous when one considers the laws regarding it. Has your company considered filing a counter claim against HK for a frivilous lawsuit? |
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Gunnerpalace
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Joined: Jun 2009 MI, USA
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Posted: 10/2/2009 7:33:26 PM
What's with the "Automatic Assault Weapon"?
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