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.
October 12, 2009
Re: Heckler and Koch, Inc. vs. German Sport Guns GmbH, American Tactical Imports,
For immediate release,
We are very pleased to report that the litigation filed by Heckler & Koch, Inc. against
The terms of the settlement are confidential to the parties and cannot be disclosed. A
Attorneys for H&K will be issuing a statement. The attorneys for ATI have already
Production and importation of the original design GSG-5 ceased as of Oct, 8, 2009 with
All sales of the GSG-5 by ATI must conclude by January 31, 2010. ATI will continue to
Thank you for your support.
Ron Paul 2012 III
7 years 15 weeks ago, 5:49 PM