Forums / Gun Discussion / HK lawsuit with GSG, GSG-5 will no longer be imported

7 years 3 weeks ago, 5:49 PM

Nitris

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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.

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.

Ron Paul 2012 III
6 years 52 weeks ago, 9:09 AM

runawaygun762

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was over the name "M4", not over the appearance of the weapon. Court ruled "M4" was a generic name.

"I have always been a soldier. I have known no other life. The calling of arms, I have followed from boyhood. I have never sought another." From The Virtues of War, by Steven Pressfield.
6 years 47 weeks ago, 6:34 AM

Nitris

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Thats what this lawsuit is over.

Ron Paul 2012 III
6 years 47 weeks ago, 6:02 PM

runawaygun762

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Yeah, this lawsuit

I was referring to the suit between Colt and Bushmaster mentioned in the first paragraph of your post.

"I have always been a soldier. I have known no other life. The calling of arms, I have followed from boyhood. I have never sought another." From The Virtues of War, by Steven Pressfield.
6 years 47 weeks ago, 6:13 PM

Nitris

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been awhile. Did you get my PM?

Ron Paul 2012 III
6 years 47 weeks ago, 5:59 PM

cbxjeff

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GSG

Received my 3 today. Wow! Fit & finish is quite impressive. Can't get to the range until things warm up a little.

It's too late for me, save yourself.
6 years 47 weeks ago, 9:39 PM

runawaygun762

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Why not?

What's a little cold? Did the guys at Valley Forge say, "Sorry, can't fight the oppressors and win freedom for our people so we can form a new country which will ultimately become the most powerful nation on Earth. It's too cold out", did they? i think not. Now go and brave that 40 below with wind chill weather and shoot those Kraut rimfires. By the way, it was 75 here today.

"I have always been a soldier. I have known no other life. The calling of arms, I have followed from boyhood. I have never sought another." From The Virtues of War, by Steven Pressfield.
6 years 47 weeks ago, 5:53 PM

cbxjeff

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GSG

Good point V.P. but I'm not trying to save the country today!!! 75? I feel your pain my friend! Trying to get that collapsable stock but they are in short supply. Need more hi-cap mags before they dry up too.

It's too late for me, save yourself.
6 years 46 weeks ago, 10:07 PM

מוות לאיסלאם

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everbody I know wants one, but I havent actually talked to anybody with one. Anybody out there got one? I'm thinking about getting one, but wonder If Id be better off just settling for a M4 Clone in 22. Already have a tricked out 10/22, and an actual AR-15, but am looking for something that scares liberal-crybabies more than the 10/22, and is easier on the wallet than the AR-15. Love the way these GSGs look, but... How are they to own, shoot, service...?

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6 years 46 weeks ago, 5:28 PM

Nitris

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I have 2 each GSG-5 rifles with collapsible stock ........love them both. also it shoot perfect, shot 400 rounds no missfires, very happy with it, seems solid, nice and heavy, fun and cheap to shoot. My GSG-5 rifles are very accurate and reliable.

Ron Paul 2012 III
6 years 46 weeks ago, 5:31 PM

CharlesW

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Nitris they look cool

How much ?

A little rebellion is good medicine for the government Thomas Jefferson
6 years 45 weeks ago, 8:49 AM

Nitris

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J&G has them for 499.00

http://www.jgsales.com/product_info.php/commercial-rifles/gsg-rifles/p/g...

Ron Paul 2012 III
6 years 45 weeks ago, 9:11 AM

CharlesW

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and shoots good too. I don't try to keep up with the Joneses.

My 1992 Ford F150 looks better everyday when I see the
price of a new one

A little rebellion is good medicine for the government Thomas Jefferson
6 years 45 weeks ago, 9:44 AM

Nitris

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When I look at the new ones as well. It's only new once.............it can be paid for, a life time.

Ron Paul 2012 III
6 years 45 weeks ago, 9:51 AM

CharlesW

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Live in the wilderness, Republic of Texas, United States
paid for

My wife has a new car with $400.00 monthly payments but the old Ford
is paid for so if all goes to hell we still have the truck.
House and 13 acres in the country paid for also, so if I can pay $300.00 per
year taxes we are ok. Good planning lol
And gives me enough room for my rifle, pistol and skeet ranges
Now I've got to set up a SASS range and try that out. I only wish I had
a good 22 SA Pistol because of ammo cost these days

A little rebellion is good medicine for the government Thomas Jefferson
6 years 45 weeks ago, 12:22 PM

greg az

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Had one back in Tucson, man i loved that piece. I bought a nice holster and belt for it and found matching leather holder for the extra cylinder, i believe it was made to hold 22 rounds but worked out well to swap cylinders.. This was my first and last experiance with 22 mags, and sorta funny as i really liked shooting the magnum and not that much more (least then) than .22's.. I'm sure you've looked at them.. Whata ya think, lets get a wild hair and go buy a couple.. (big talker, were fixed income, and wife just told me were on "official no spend" till the first) anyway its a fun thought..

a man has to hold his word, hold his beliefs, and hold a good sight picture.
6 years 45 weeks ago, 8:24 AM

TXLUCKYGUY

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weak

I guess I'm not much of a businessman, cuz I hate hearing about lawsuit crap like this. Seems like HK would have better things to do that had a better result.

Is H&K suing JLD for their PTR91 clones? Heck those things are much closer to an actual HK weapon than the neat little GSG .22LR.

6 years 44 weeks ago, 1:52 AM

מוות לאיסלאם

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HK will go after anybody that makes something 'attainable my average people'. PTR91s are a little out of most peoples means, but the GSGs... Those could ruin HKs street cred!

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