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A week or so back, we told you about the legal wrangle surrounding the maker of the Zoraki M197 blank firing pistol. Mr. Confino’s being sued by GLOCK for allegedly infringing on their world famous handgun design, and Maxsell Corporation’s subsequent plea to the internet. I just received an official comment from GLOCK HQ on the situation. It looks like this may be an issue of a defendant playing to the crowd for sympathy . . .

Although GLOCK, lnc. normally does not Comment about pending litigation, it has come to GLOCK’S attention that  Mr. Confino owner of Maxsell Corporation is using the Worldwide Web to post statements that GLOCK considers to be misleading, false, defamatory and completely without merit.

GLOCK is the owner of many valuable designs, trademarks, and copyrights associated with its famous brand of firearms. GLOCK has used the trade dress for GLOCK pistols continuously throughout the United States since at least December 1985. GLOCK has invested vast resources to establish their intellectual property portfolio and the goodwill associated therein. Because of GLOCK’s popularity, extensive demand exists for GLOCK related products. Consequently, the GLOCK patents, trademarks, trade dress and other proprietary rights may not be used Without GLOCK’s express Written permission.

After unsuccessful negotiations, GLOCK has filed a lawsuit in the Northern District of Georgia, Rome Division, against  Corporation, Civil Action No. 4:12-cv-001113-RLV. The
lawsuit involves claims for trade dress infringement, trade dress dilution, and unfair competition based on Maxsell Corporation’s sales of unauthorized GLOCK replicas.

lt should be noted that Maxsell Corporation entered into a consent agreement with the court in 2000 in exchange for a release from the GLOCK V. Bruni litigation, Civil Action No. 4 00-CV-120-HLM, whereby it acknowledged GLOCK’s trade dress rights and agreed not to sell unauthorized GLOCK replicas (copy attached). When GLOCK discovered Maxsell Corporation had violated its settlement agreement, GLOCK contacted Maxsell Corporation to amicably resolve this matter Without litigation. However,  Confino made the business decision not to accept GLOCK’s settlement offer forcing GLOCK to seek remedy through the court.

Glock provided me with the court documents from their previous judicial interaction, and according to the ruling, Maxsell Corp was stopped from producing a different Glock-like handgun at that time and told not to make anything that infringed on their trade dress again.

Whether this specific blank-firing handgun actually violates their trade dress rights is open to debate, but if Samsung can get a smack-down from Apple over their similarly different products, there’s a good chance that this gun will indeed be found to be an infringement.

According to the Plastic Fantastic, Mr. Confino is trying to lie his way into the hearts and minds of the internet to get the court to rule in his favor. We’ll keep you in the loop if there are any more developments.

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  1. If Mr. Cofino had violated Harley-Davidson’s “Trade Dress”, he’d have had his a** handed to him long ago- H-D is not nearly as accommodating as Glock appears to be.

    • In H-D’s defense if they don’t defend their trademarks, etc. they lose the right to use them exclusively. If you don’t defend your turf, you lose it.

  2. Just like a broken system allows Apple to claim a patent on round edges, it allows Glock to claim a patent on square edges on a slide. Both are utterly ridiculous.

  3. This completes the Glock-Apple analogy. Apple could have collected it’s $1B from Samsung and then allowed Samsung to pay a royalty to use the “rounded” edges, just like the USG paid a royalty to the Mauser Corporation for the ’03 Springfield, but instead wants to kill off a competitor offering a superior product. In the Glock case, they aren’t even competing with Maxsell. What’s next for Glock, suing Springfield Armory over the XD?

    • I’m sorry, but you have absolutely no clue whatsoever about even the basics of intellectual property in the United States. First off, it’s trade dress infringement that Glock is asserting; Apple was asserting a combination of design patent and utility patent infringement. Different rights, different comparisons, different damages and you’ve confused all three. Congratulations.

      As for Glock, a lot of time and money was spent on developing the brand and trade dress. Glock has a right to enforce it against others who want to piggy back off the goodwill and source association that they’ve spent years creating through advertisements, media placements, and so forth. When you see barely an outline of a Glock pistol you immediately know what it is, and what’s fair is fair.

      What Confino did was the equivalent of taking crops from a farml that Glock owns, and has tilled, planted, and cared for.

      • I don’t think anybody is going to confuse a starter’s pistol for the real thing. Glock would have a better case against Springfield Armory since the original XD looks pretty much like a Glock.

        • For trademark infringement, sure, it’s the likelihood of confusion. But that’s the wrong question in a trademark dilution case. The fact that something else out in the marketplace (namely, Confino’s starter pistol) diminishes the capability for Glock’s trade dress to serve as a source identifier, is what constitutes the injury.

          On first glance, I don’t think the XD is all that similar – the proportions, dimensions, angles, and lines are considerably different from a Glock. The problem with the starter pistol is that when you see the outline, and if you don’t know it’s a starter pistol, you’ll think it’s a Glock. It’s that mental association that is valuable and what Glock spent untold millions to develop.

  4. You should have contacted me to save yourself embarrassment
    Dictionary definition of: lie

      Example Sentences Origin
    1    [lahy] Show IPA noun, verb, lied, ly·ing.
    a false statement made with deliberate intent to deceive; an intentional untruth; a falsehood.
    something intended or serving to convey a false impression; imposture: His flashy car was a lie that deceived no one.
    an inaccurate or false statement.
    the charge or accusation of lying: He flung the lie back at his accusers.

    Why haven’t Glock,Inc. lawyers made a demand to settle this lawsuit.
    Stay tuned, the truth will prevail.
    By the way, “I forgive you for your feeble attempt to discredit me”.
    Vico Confino
    Maxsell Corp.
    Try reading the facts of the case again. Maxsell Corp. is not the manufacturer.
    If what you say is correct, Harley should sue every backyard motorcycle mechanic
    for building a Harley look-a-like.

  5. That’s a Glock(tm) with a cheapo cosmetic change on the grip and trigger guard, worst of all he puts his name on the slide. Pay the royalty & stop thieving. Samsung could be banned from the US market and the judge can still award triple damages to Apple if she so decides.

  6. P.S.
    Attention Nick Leghorn (gun nerd) For your edification,
    Are you telling the truth when you say that you are a “gun nerd” or just seeking sympathy from your followers.
    Dictionary Definition: NERD
    a stupid, irritating, ineffectual, or unattractive person
    Please forward to Glock HQ.
    Their lawyers do not want me to contact anyone at Glock headquarters.
    I can understand why Glock, Inc HQ sent you an official comment.
    About Nick Leghorn
    Nick Leghorn is a gun nerd living and working in San Antonio, Texas.

    • Right. ‘Cause flaming a blogger is going to help your case. Vico, I think you’re new to this whole internet thing. Here’s how it works: once it’s on the web, it’s public. Forever. Anyone who cares to can find it.

  7. Hello Nick,
    Almost a year has gone by since your blog about Glock, Inc. suing Maxsell Corp.
    Check my reply to you August 30, 2012

    Why haven’t Glock,Inc. lawyers made a demand to settle this lawsuit.
    Stay tuned, the truth will prevail.

    Please go to Pacer for all legal filing reports since then.
    Google: Glock vs Maxsell Corp.
    I will graciously accept any positive or negative comments you care to make after you read them. You have my consent to post an updated blog.
    “The truth will prevail”

Comments are closed.