Glock is continues to sue companies manufacturing replica or airsoft guns resembling the Glock pistol. Glock claims replicas violate their intellectual property and the courts have tended to agree with them. Trevor Bach at the Miami New Times reports …
Wu says his company produces toys and has cost Glock absolutely no damages. The corporation’s real motivation with the suit, he contends, is to bully everyone out of the burgeoning airsoft market so Glock can make its own entrance. “Gosh — you’re a little late to the party,” he says.
Wu sees the case as a matter of his business’s life and death. A loss to Glock now, he says, would set the precedent that the entire toy gun industry is illegitimate — an idea he views as absurd. “What we’re trying to do is take a stand,” he says, “not only for ourselves but for the industry as a whole.”
Renzulli, the Glock lawyer, says Glock is the real victim. “This is not David versus Goliath here. It’s asking for compliance.” He also questions Wu’s characterization of AirSplat guns as toys. “If it’s such a great product,” he asks, “why does it have to be in the image of a Glock?”Glock first sued Confino for his blank pistols in 2000, but Maxsell was only a codefendant in a larger suit against an Italian manufacturer and ultimately settled without paying damages. Then, in 2010, Glock demanded he stop selling another blank-firing gun, the Turkish-made Atak Arms Zoraki M917.
The mark consists of the three dimensional overall configuration of a semi-automatic pistol having a blocky an squared-off shape as viewed from the side, the front, and the rear. The vertical lines at the rear of the slide indicate ridges. The stippling is a feature of the mark and not intended to indicate color. The dotted lines indicate features that are not claimed as a part of the mark. Neither the shape of the notch on the rear sight nor the circular shape of the interior of the barrel are claimed as a part of the mark. The shape of the trigger guard and the shape, location, and a position of the trigger safety tab are claimed as a part of the mark, but no claim is made to the shape of the trigger separate from the trigger safety tab.