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Ruger suing S&W over 10/22 copy..........

This is a discussion on Ruger suing S&W over 10/22 copy.......... within the Ruger 10/22 Rimfire forums, part of the Rifle & Shotgun Forum category; Originally Posted by johnfland Owing to the long passage time since introduction, there can be no unexpired patents covering the 10/22 rifle, excepting possibly the ...


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Old December 5th, 2019, 04:40 PM   #16
 
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Quote:
Originally Posted by johnfland View Post
Owing to the long passage time since introduction, there can be no unexpired patents covering the 10/22 rifle, excepting possibly the more recently introduced takedown model. However, the suit is not based on patents, but rather on “trade dress” – that the look of the competitive rifle is confusingly similar to Ruger‘s rifle.
Trade dress may fall under Trademark infringement law, which can be broad enough to include phrases, proximate markets, confusion, advertising, product similarity etc. It is going to be interesting to see how broad the Court views the applicable trademark laws, and who has the better lawyers.



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Old December 5th, 2019, 04:54 PM   #17
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Trade dress is a recognized legal ground and has been successfully used by many companies in all types of industry. If Ruger didn't feel like they had a case they wouldn't be wasting their time. I love how forum "experts" seem to know more than multi-million dollar corporations with legal teams that focus on such matters. Even if not ultimately successful they may be able to protect some market share with a cease and desist order and tie up the competition for a while.
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Old December 5th, 2019, 05:37 PM   #18
 
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Originally Posted by johnfland View Post
However, the suit is not based on patents, but rather on “trade dress” – that the look of the competitive rifle is confusingly similar to Ruger‘s rifle.
A similar case would be made if you built a hamburger restaurant that looked just like McDonald's architecture but didn't use the "Golden Arches" and called it by some other name. I'm sure you would be ruled against in court.

As to Volquartsen and Tactical Solutions, I believe they have licensing agreements with Ruger for the sale and use of their accessories and guns on Ruger's platforms.

Volquartsen, for example, has a very close relationship with Ruger. They did the safety upgrade on my MkIV at no cost because I didn't want to return the gun to Ruger and lose the VQ parts I had installed. In fact, Ruger's CS suggested I send it to VQ for that reason.
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Old December 5th, 2019, 07:46 PM   #19
 
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The guns are smilar but the 10-22 design is over 50 years old so I would think it is not am infringement. If they used a name similar to 10 22 that would be different.
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Old December 6th, 2019, 09:03 AM   #20
 
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Guess I better not rush out and buy the T/C rifle. I was considering one thinking that I'd like to buy something that was 'finished' (i.e. ready for use as I intended) rather than get a 10/22 and then want change 'everything'. Having one T/C rimfire 'orphan' (an early T/C Classic, it's a great gun but try purchasing spare magazines) I would rather not repeat the process.

Mahindra seems to have just gone through this same exercise with Fiat/Chrysler. They built 'Jeeps' under license (from predecessors of Chrysler) for decades but when they started selling Roxors here in the US they got sued and appear to have lost on Trade Dress issues.

Bruce
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Old December 6th, 2019, 09:34 AM   #21
 
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Originally Posted by GP Fan View Post
A similar case would be made if you built a hamburger restaurant that looked just like McDonald's architecture but didn't use the "Golden Arches" and called it by some other name. I'm sure you would be ruled against in court.

Actually, you might not win that case as a defendant; it depends on the overall similarity. See, for example, the Two Pesos case, summarized here:

https://en.wikipedia.org/wiki/Two_Pe...c.?wprov=sfti1
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Old December 6th, 2019, 09:38 AM   #22
 
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Originally Posted by FireEscape View Post
Guess I better not rush out and buy the T/C rifle.........Having one T/C rimfire 'orphan' (an early T/C Classic, it's a great gun but try purchasing spare magazines) I would rather not repeat the process.
Well, if you do buy the T/C at least magazines won't be a problem as they take 10/22 magazines.

BTW. are you sure the T/C is really problem free? I'm not sure there is enough data and experience to assure that.
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Old December 6th, 2019, 09:41 AM   #23
 
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Originally Posted by johnfland View Post
Actually, you might not win that case as a defendant; it depends on the overall similarity. See, for example, the Two Pesos case, summarized here:

https://en.wikipedia.org/wiki/Two_Pe...c.?wprov=sfti1
That's exactly what I said. The defendant (i.e. the guy who built the McDonalds look-alike) is very likely to lose a suit brought by the plaintiff (i.e. McDonalds Corp.)
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Old December 6th, 2019, 02:01 PM   #24
 
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if Ruger loses could it be karmic considering what it did with the LCP and Kel-Tec's designs?

:-)

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Old December 6th, 2019, 03:03 PM   #25
 
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Originally Posted by bwinters View Post
The guns are smilar but the 10-22 design is over 50 years old so I would think it is not am infringement. If they used a name similar to 10 22 that would be different.
Do you mean if they called it something like, oh...T/CR22..? Gee, I wonder what the R could possibly stand for? Remington perhaps?
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Old December 6th, 2019, 08:13 PM   #26
 
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Do you mean if they called it something like, oh...T/CR22..? Gee, I wonder what the R could possibly stand for? Remington perhaps?
Obviously the "R" stands for Rimfire.
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Old December 7th, 2019, 06:24 AM   #27
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Old December 7th, 2019, 07:26 AM   #28
 
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You can bet that Colt's lawyers are paying close attention...
SInce they purchased Brownings work I don't see it as the same thing. However it would be like Colt to go after a free lunch.
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Old December 7th, 2019, 06:29 PM   #29
 
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Originally Posted by mykdee View Post
Obviously the "R" stands for Rimfire.
ok...
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Old December 8th, 2019, 07:13 AM   #30
 
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I bought one of the first T/C .22 rifles. At the time, Ruger did not offer a threaded barrel on a standard rifle (only on the take down). Also, none of the Ruger models offered a rear peep and front fiber optic sights, (again only on the M1 carbine look alike at a much higher price.) T/C filled a void that Ruger was ignoring at the time. There are lots of firearms that "look" like other brands, ie; SAA revolvers, lever action rifles, 1911's etc. Ruger should pull up their big boy pants and stay on top of the market they created, but do not own.
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