The famous .416 Rigby cartridge, named after the company that invented it.

This story begins in the late ’90s when John Rigby & Company, who presumably were having financial problems, closed down. Geoff Miller, a Californian, purchased the trademarks and intellectual property of the now defunct John Rigby & Company. He subsequently started the firm John Rigby & Co. (Gunmakers), Inc. operating it out of the same premises as his Rogue River Rifle Company business. I am not sure if the latter firm still exists.

Double Rifle enthusiasts were not altogether keen on having a Californian firm take over the name of a famous London double rifle manufacturer. California is often associated with the glamour of Hollywood, the technology of Silicon valley and sun bleached surfers of Long Beach. What it is not associated with is the the romance of the olden age of dangerous game hunting during the heights of the British Empire.

Much to the continued chagrin of enthusiasts, Miller imported shotgun actions make by Merkel of Germany to build their Rigby branded double rifles. According to Dangerous Game Rifles (Terry Wieland, 2006), Miller did this because wages in the former East Germany, where Merkel was located, had still not caught with the rest of the West since reunification and so the actions could be produced very cheaply.

Fast forward to 2009. A group of investors start up a company based in London and name it John Rigby & Co. (Gunmakers) Ltd. (henceforth referred to as Rigby-London, and the Californian company as Rigby-Cali). Rigby-London plan on offering the same types of guns as Rigby-Cali (double rifles, shotguns and Mauser-style bolt action rifles) in a similar price range (approx. US$10,000 – US$100,000). Notably their “A” and “Best” grade double rifles will use the Rigby Bissel Rising Third Bite action – a very strong but expensive to manufacture action designed by the original Rigby & Co. back in the early 1900’s.

A Rigby-London shotgun.

As you can imagine, Rigby-Cali was not at all happy to learn about this new Rigby. To add insult to injury, Rigby-London posted a message online offering to replace any Rigby-Cali double rifle for just the net-cost of a replacement.

We are cognisant of the fact that the few of you who have over the past years purchased a “Rigby” double rifle, made in California, may now feel that your investment has been devalued.

We here, are not desirous of a situation where the shooting and collecting public are harmed by our insistence on a quality hand built product. Quite the opposite.

We would like to extend the following offer to the few owners of these guns.

We will by private treaty, on an individual basis, supply you with a replacement equivalent John Rigby & Co. (Gunmakers) Ltd., gun for a sum representing the net cost of production of the replacement gun.
If you have had bespoke engraving, we will arrange for the duplication of that engraving, again at net cost.

You may retain your John Rigby&Co. Inc. gun and dispose of it in any manner you feel appropriate.

All such transactions will be strictly confidential agreements between such parties and ourselves.

The Board of Directors,
John Rigby & Co. (Gunmakers) Ltd., Jno.Rigby & Co.

Rigby-Cali responded with a strongly worded press release that leaves no doubt as to their intentions in perusing legal action against Rigby-London.

John Rigby & Co. (Gunmakers), Inc. is the only company that has legal right to use the JOHN RIGBY trademarks and logo worldwide. We are advised by our legal counsel in both the UK and in the U.S. that the London based company’s unauthorized use of our JOHN RIGBY name is a clear infringement of our registered trademark rights and is clear grounds for a passing off claim as well. We intend to initiate legal action forthwith seeking an injunction, damages and attorney’s fee for this wilful and egregious violation of our intellectual property rights. We are absolutely confident in our legal position and we have the legal right, the ability, the economic strength and the will to support this position.

On the other hand, Rigby-London told me that they also feel that they occupy the legal and moral high ground.

John Rigby & Co. (Gunmakers) Ltd. is a correctly constituted and legally registered UK company. It has no connection what so ever to any company bearing the same or similar name that may be registered in the US. We do not have the rights to nor have we used any trade marks that may be registered to any US company. You will note that our guns are engraved Jno.Rigby & Co. as they were in the past. This company, is also owned by this board of directors.

A search of the Intellectual Property office in London, will reveal that John Rigby&Co.(Gunmakers) is not a trade mark owned by anybody, although Rigby Inc of California have made a belated attempt on 11.June.09 (06.11.09 US) to register that name following the publication of our website, it has yet to be gazetted and we have 6 months to lodge an objection..

It should be noted that “Jno.Rigby & Co.” is not a spelling mistake. The original Rigby company did indeed use this odd abbreviation to mark their weapons.

The markings on a original Rigby .470 NE double rifle made in 1911.

I looked up the term “Rigby” in the UK Intellectual Property Office trademark database and found that Rigby-Cali did indeed attempt to trademark the name “JOHN RIGBY & CO. (GUNMAKERS)”, although they did previously own the trademark “RIGBY’S” as well as the original Rigby logo.

Rigby-Cali’s registered trademark logo.

The logo being used by Rigby-London.

I did not look up to see what trademarks are registered with the US Patent and Trademark Office (USPTO) because it has no bearing on this case. A common mis-conception is that there are international treaties regarding trademarks. Unlike copyrights or patents, no such agreements exist and a trademark needs to be individually registered in any country where a corporation wishes it to be protected.

So do Rigby-Cali have a legitimate case against Rigby-London? I think only a judge will be able to authoritively say one way or the other. My understanding of trademark law does not extend past my research for this article. Saying this, I understand there to be two issues at stake. The first issue is whether or not rifles branded “Jno.Rigby & Co.” are an infringement on the Rigby-Cali “RIGBY’s” trademark.

The second issue is if Rigby-London, operating under the same name as Rigby-Cali, is guilty of what is known as Passing Off (using an unregistered trademark in order to pass yourself off as the original user of the trademark). If Rigby-Cali were based in the UK, Rigby-London would likely lose the case.

What I do know is that there is sure to be more drama to follow in the coming months and years before a winner emerges. I also know both sides will be more than a few Pounds and Dollars lighter by the time the dust settles.

The .50 BMG version with custom finish.

You can read my coverage of the Tactlite .50 BMG AR-15 Upper and listen to the Gun Nuts Media podcast that features an interview with Michael Brendzel, owner of Zel Custom Mfg.

Of course it is summer in Norway right now and I wonder how much fun the HK 416 troops will be having when thier fellow H&K G3 equipped buddies are using the indoor range!

From the Norwegian Military website (translated by google)

Gisle Mjaatvedt is in the HV-16’s Battle Claymore and has shot up to 5000 shots with the new rifle to the military. He has never felt that he himself or any of his colleagues in the Home Guard have been sick as a result of that they have shot with the lead-free ammunition that has been as much about skriverier. – No, the health problems that have arisen because of the gunpowder gas has we have been free of, “says Mjaatvedt.

The report that has analyzed the issues around health as a result of firing states in part: “Based on the reported symptoms and the composition of the gunpowder gases from HK416 is likely that the cause of health problems are high concentrations of copper and zinc in the exhaust fumes.” Summary is that as long as it is shot outdoors with the HK 416 and its ammunition will exhaust concentration is so low that it does not give health problems. To Mjaatvedt and colleagues have done all the time.

Thanks to Daniel Watters for the link.

A piston operated gun will reduce the dirt that enters the rifle compared to a direct gas impingement gun (AR-15). When you add a suppressor, I think it makes little difference what type of gas system your rifle uses, it is going to get very dirty!

From the patent of an early model MP5SD suppressor.

A suppressor works by slowing down the gas through a series of baffles. The slower moving gas makes less noise as it is vented out of the can (can = slang for suppressor). The downside is that on a autoloading firearm once the action cycles and the spent cartridge is ejected there is more pressurize gas in the system than there would be without a suppressor. This gas, along with carbon, dirt, unburned power, is vented into the rifle action. Without a suppressor this still happens but the pressure inside the barrel is lower because the gas is vented faster.

“new-arguy” posted photos at AR15.com of his HK 416 upper (piston AR-15 upper), which had a AAC 416 suppressor attached, after firing 2000 rounds without cleaning.

This is my HK 416 upper, I ran it with an AAC 416 silencer at the last Magpul Dynamics class here in St Augustine. 2 days, 2000 rounds. I only took the silencer off the start of day 2 for a few drills, I would guess about 150 rounds. All the rest were with the can. I dropped some lube in the gun at the start of the class, aside from that, no cleaning, no oil, nothing at all. No problems either, well, not really. I will admit, I have run regular DI guns like this without problems, but I needed to keep dumping oil on the bolt group. In fact, one of the guys who works with me ran his Noveske N4 with a AAC M4 2000 right next to me the whole class. His gun ran fine as well, but he did keep dumping lube into the bolt carrier.

Anyway, the gun was fiilthy. I have never cleaned a gun that was so dirty. Grime and crud was seeping out between the upper and lower trying to escape. It is worth mention that a large piece of carbon built up and fell under my trigger group toward the end of the second night. I thought it was a primer, but when I opened the gun up and shoot the lower, it was plainly a piece of carbon. So technically, the gun did comletely fail. I have seen this same thing happen one other time, in another Magpul class (actually the one from the last DVD). My friend Derek was running a gun with a can on it for about as many rounds. Same thing, crud kept building up until some of it found its way under the trigger group.

bigbore, of adcofirearms.com, posted photos of his AK-74 rifle after firing 2000 rounds of corrosive ammunition using a suppressor and leaving it sit for a week.

After leaving it sit for a week, the bolt rusted into place and it was no more than a club.

A problem with some of the now discontinued Ruger Police Carbine and Marlin Deer Camp, blowback autoloader pistol caliber carbines, was that their actions got very dirty. A pistol in the same caliber with a 4″ barrel would vent gas much faster than a 16.5″ barreled carbine.

Ruger PC4 (Police Carbine .40 S&W).

There is no substitute for cleaning your rifle. If you are considering a suppressor this is something to take into account. Bolt/lever/single shot action rifle with suppressors will not have this problem. The gas will be vented before the action is manually cycled. I personally have not had any problems with .22 semi-autos rifles with suppressors, nor have I heard of anyone having problems.

Many thanks to Jay for emailing me the link to the photos.

.303 British (left), .416 Strauss (middle, loaded with a 350 gr Speer bullet in a Norma case)

The parent cartridge is the .303 British. It is blown out to .416 caliber and loaded with a 300 grain Barns-X or 350 grain Speer bullet and S265 Pistol powder (a local South African powder). The 350 grain bullet is propelled at 2300 fps and generates 4112 ft/lbs of muzzle energy. The lighter bullet is pushed out at 2500 fps and generates 4164 ft/lbs of muzzle energy.

The performance seems similar to the .375 H&H Magnum. According to Cartridges of the World (11th Edition), the .375 H&H can push a 300 grain bullet at 2530 fps, generating 4265 ft/lbs. The small caliber .375 bullet would have greater penetration than a .416 bullet. The cartridge works about to be about 20% less powerful than a .416 Rigby

Piet uses the cartridge in a with with a P14 (Pattern 1914 Enfield) action. The groups are not all that great as he does not have a custom die set and has to use a .405 Winchester die for seating the bullet.

The .416 Strauss P14 (click to expand)

I think this is a very compelling cartridge. I am surprised I had not heard of .303’s necked up and turned into big game cartridges before. It seems like a good idea as I am sure Africa is has more than its share of .303 surplus rifles.

A big thank you to Piet for emailing me the photos and information.

Norwegian solider with H&K 416

The report states that the gas exhausted from the rifles contained high levels of copper and zinc which account for all the symptoms suffered by the riflemen. A few, quite comical, short term solutions have been recommended. These include only shooting outside, slower rate of fire and spacing the shooters out more when at the range!

In 2003, under pressure from environmental groups and politicians the Army started using environmentally friendly ammunition. Since then they have had plenty of problems. The Norwegian ISAF (International Security Assistance Force) troops in Afghanistan were ordered to use the new ammo. The ammunition delivered either failed to fire or did not have enough energy to cycle the weapons. 300,000 rounds had to be dumped leaving the troops with no reserve ammunition. All the troops who did not need to leave the base had to hand in their ammunition so it could be distributed to those who needed it. The Army has also had to ban the green ammo from use in the MG3 machine guns because unspecified malfunctions occurred that could harmed the operators.

Nammo 5.56mm ammunition

I found a powerpoint presentation on the internet made by Nammo in 2006 extolling the virtues of their green ammunition. Here are a few very ironic slides (I added the red arrows):

Recently it was determined that the “green” tungsten training ammunition used by the US Military could be toxic.

So in summery: don’t use green ammunition.
Many thanks to Daniel Watters of The Gun Zone for the research he did for this blog post.

It is a pointless comparison. Obviously Stoner did not design the AR-15 platform to be fired waterlogged. If he had it would be piston driven. Still, it is interesting to see what happens.

H/T: MP.net

This gorgeous beast won’t be ready for some months yet according to Skip Patel, Bushmaster’s executive vice president for research and development. Among other thing, Skip told me, was the need to trim some weight from the rifle, which tips the scales at about 15 pound right now.

Not surprising since Bushmaster acquired Cobb Mfg. last year but still cool.

Cobb MCR 400 .338 Lapua. Photo from SecArms.

John also says that a .416 Rigby may be on the way!

More @ The Gun Shots

Weapons officials at the Army Test and Evaluation Command at Aberdeen Proving Ground, Md., exposed Colt Defense LLC’s M4, along with the Heckler & Koch XM8, FNH USA’s Special Operations Forces Combat Assault Rifle and the H&K 416 to sandstorm conditions from late September to late November, firing 6,000 rounds through each test weapon.

When the test was completed, ATEC officials found that the M4 performed “significantly worse” than the other three weapons, sources told Army Times.

Officials tested 10 each of the four carbine models, firing a total of 60,000 rounds per model. Here’s how they ranked, according to the total number of times each model stopped firing:

* XM8: 127 stoppages.
* MK16 SCAR Light: 226 stoppages.
* 416: 233 stoppages.
* M4: 882 stoppages.

The results of the test were “a wake-up call,” but Army officials continue to stand by the current carbine, said Brig. Gen. Mark Brown, commander of Program Executive Office Soldier, the command that is responsible for equipping soldiers.

You can bet H&K, FN and Magpul are happy about these results!

Hat Tip: Murdoc Online

From HKPRO.com

While sources in the U.S. report that the civilian 416/417 will not be ready for SHOT Show 2008, it might possibly be by NRA show, with an estimated preparedness for production in Q3, 2008. One can easily understand why with a projected deadline and unforeseen delays and missed deadlines creates hostility in the gun buying public, that they are now hesitant to be held to that. I can only commend them for that. Progressive companies like MAGPUL have ceased giving estimated delivery dates for their new products completely. So, it’s not likely that you’ll be able to stroll into your authorized HK dealer for a new 416 or 417 until 2009 at the earliest. But still, how much better than not at all?

Photos from the BKA document approving the MR223 and MR308 rifles (416 and 417) for German civilian sales.

The impact on those selling existing upper receivers from lawfully imported select fire 416s will be immediately obvious. Many gunowners will jump at the chance to own an HK manufactured piston driven AR variant or upper receiver kit. Some will not, forever having forsworn any allegiance to HK after the initial “thumbing of the nose” at the civilian HK customer. While HK is primarily a gun manufacturer specializing in police and military firearms, one only need to look in the gun safe for an HK91, 93 or 94 to remember the different perspective that HK had at one time. However, 2007 is not 1983, neither in managerial philosophy nor statutorily. And one must remain mindful of that.

It will be interesting to see what the eventual price will be.

More here.