GSG-5 killed off

[BAC]

http://www.americantactical.us/

Recently, H&K took GSG to court about the GSG-5.

September 22, 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: http://dockets.justia.com/search?q=H...26+KOCH%2C+INC
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
President C.E.O.

Now it's turned into this:

October 12, 2009


Re: Heckler and Koch, Inc. vs. German Sport Guns GmbH, American Tactical Imports, Inc. Civil Action No. 1 : 09-cv-00039-WTL-JMS (S.D. Indiana)



For immediate release,

We are very pleased to report that the litigation filed by Heckler & Koch, Inc. against German Sport Guns GmbH and its U.S. distributor, American Tactical Imports, Inc., together with all counterclaims, has been settled.

The terms of the settlement are confidential to the parties and cannot be disclosed. A dismissal of the above-referenced litigation, and all of the party’s claims against each other, is expected to be filed in the near future.

Attorneys for H&K will be issuing a statement. The attorneys for ATI have already issued a statement announcing the settlement.

Production and importation of the original design GSG-5 ceased as of Oct, 8, 2009 with the signing of the agreement. The remaining inventory now in the USA can be sold by ATI, all distributors and dealers. ATI currently has GSG-5’s in stock.

All sales of the GSG-5 by ATI must conclude by January 31, 2010. ATI will continue to service every firearm that it imports into the USA.

Thank you for your support.
Anthony DiChario
President C.E.O.
American Tactical Imports, Inc.

Bad, bad damn timing to be short on funds. I really wanted one of these.


-B

[Robb Jensen]

Yep, gettim' while you can. HK put the kabosh on the GSG5s.

[olds442tyguy]

So HK can make functional competing knock offs, but they get bent out of shape when someone makes a novelty firearm that only looks alike?

[Iraq Ninja]

Hmm, what about mags?

I think HK went after some airsoft clones as well.

[opksrj]

ours broke the first week we had it

[decodeddiesel]

If the GSG-5 were a 9mm semi-only SMG capable of being used in a "serious role" then I could see where HK is coming from. However given the fact that the GSG is a .22lr novelty gun which I am afraid to set down too hard on a solid surface for fear of breaking I guess I just don't see the merit in this whole thing.

Oh well, maybe my little gallery gun will be worth something in the future...

[Boss Hogg]

I don't understand how H&K can claim that the MP-5 is still their design. The design dates from the 1960s and any patents would no longer be valid.

The same reason that 30 US companies can build an AR-15 without getting sued by Colt.

Oh, and found this on my Wikipedia research. Interesting sight placement....

[Mo_Zam_Beek]

Considering the scant longevity of the GSG-5 in the marketplace, how have Todd B. and other MP-5 clone manufacturers survived this long?

[Outrider]

A person or company can be totally in the right but if they don't have the cash to fight the legal battle, they can lose.

First, a basic truth of intellectual property law is that if you don't defend your intellectual property, you lose your rights to it. As such, HK has taken steps to begin going after companies which are violating its intellectual property. GSG/ATI may have been the most publicized case, but it's not the only one HK is pursuing.

Second, many companies in the industry have gone after Airsoft manufacturers for identical violations. That's why you now see so many "authorized" Airsoft models.

As for this comment: "So HK can make functional competing knock offs, but they get bent out of shape when someone makes a novelty firearm that only looks alike?" ... Who is HK knocking off? If you mean they can make products that look like other HK products, of course they can. They own the intellectual property and can use it as they wish.

For folks who think the GSG-5 was a harmless novelty that had no effect on HK, you might be surprised at how many GSG-5s have been sent to HK for repair and clogged up HK's customer service system. Why? Because the manufacturer and the distributor of the GSG-5 went to great lengths to make people think the gun was basically a .22-cal MP-5. While the illuminated souls here at M4C know better, the general buying public does not.

Finally, the 12-Oct press release from ATI is just silly. They can make it sound like a mutual agreement was reached, but here's a clue: production of the GSG-5 has ceased.

[decodeddiesel]

Originally Posted by ToddG

For folks who think the GSG-5 was a harmless novelty that had no effect on HK, you might be surprised at how many GSG-5s have been sent to HK for repair and clogged up HK's customer service system. Why? Because the manufacturer and the distributor of the GSG-5 went to great lengths to make people think the gun was basically a .22-cal MP-5. While the illuminated souls here at M4C know better, the general buying public does not.

Guess I had not thought of that.

Well I guess the whole thing would be great news if this meant HK took another look at the US market and would sell a semi only MP5 (in 9mm or .22lr) in the US again. I would be willing to bet that 90% of the GSG-5 owners who shelled out $500 for a "cheap" .22lr look-a-like would be willing to spend $1000 - $1500 for a 9mm semi-only MP5. I know I would.

9mm MP-5 is not likely. HK has moved away from the platform almost completely.

However, a .22 version, authorized by HK and made by Umarex, should be on display at SHOT in January (along with .22 versions of the MP7 and 416).

[kal]

HK doesn't even make roller delayed weapons anymore so what the fuck are they doing?

[decodeddiesel]

Originally Posted by ToddG

9mm MP-5 is not likely. HK has moved away from the platform almost completely.

True, and to be honest with myself my SBR AR will do virtually everything an MP-5 would in a serious role, and does many things that much better.

I wouldn't be buying one for a serious role, I do however have a completely irrational attachment to the platform and would like one as a "man toy". Call me nastalgic but I have always had a crush on the MP5.

However, a .22 version, authorized by HK and made by Umarex, should be on display at SHOT in January (along with .22 versions of the MP7 and 416).

I was not aware Umarex will be making a .22lr version, that could be interesting.

[Spooky130]

I'm not a lawyer but I think HK and GSG are both based in Europe/Germany and it probably makes lawsuits like this easier than going after someone like Todd Bailey.

Spooky

[chadbag]

The law suit was about "trade dress". IANAL but I think that basically means the looks and appearance. It has nothing to do with patents etc. Different beast.

[hkusp1]

i saw that coming. i really couldnt care less everyone i know that has owned one said they are junk plus they weigh about as much as a lead brick.

[olds442tyguy]

The 417 has no valid reason to look like an AR platform rifle. So what is HK capitalizing on there? If Colt took the same stance as HK, the 416 and 417 (as well as every other commercial AR variant) would not exist to this day.

HK also had no hand in developing the original CETME rifle. HK was only contracted out to chamber the rifle in 7.62x51 NATO and modify it to fire from a closed bolt years into it's development. When Spain was unwilling to move their production facilities to Germany, Germany undercut everyone responsible for the CETME and gave HK the contract for the rifle and production rights of their adaptation of a pre-existing rifle.

[hkusp1]

the 416 & 417 were created as a more durable version of the m16 as we all know it was supposed to be a military only rifle. in the race for a new direct replacement for a U.S. military service rifle HK entered the 416 based on the m16 platform, the thought behind it as i understand it is to have a rifle that troops wouldnt have to retrain with since all the troops know how to operate an m16 the 416 would require virtually no training with the exception of the operation of the gas piston system.

now as for copy right infringement laws i would assume that either the m16/ar15 design is either has an open patent/copyright which is more likely since so many manufacturer's make this style of rifle or Hk would have had to have the written or implied consent of colt firearms company to produce their version of the rifle (416) based on colts design.

this is just how i understand it just my personal opinion so please dont throw a hissy fit.

[kmrtnsn]

The AR-15/M-16 patents expired decades ago, as had the CETME and HK G/MP series rifle patents which is why I am so dissapointed that the the GSG people caved so fast.