MAXSELL CORP. has been sued by Glock

[P.A. Myers]

This e-mail to past customers from Maxsell:
 

MAXSELL CORP. has been sued by Glock, Inc in a lawsuit claiming that the M917 Zoraki is in violation of their trade dress protection. Maxsell countered that it disagrees and the M917 is a blank starter gun described in US Code as a non-gun. It has been approved by BATFE for sale in the USA. It is NOT a firearm. A trial will be held in Georgia, in front of a Georgia judge, prosecuted by Georgia attorneys and heard by a Georgia jury. I must hire a Georgia lawyer. I have spoken with a Glock attorney in an attempt to settle and he replied, "You have broken the law, and I will see that you are punished". He went on to threaten me, "I do not like you and I am going to destroy you". I tried to negotiate with another Glock attorney and he said, "I am going to sue you personally". He did on July 28, 2012. (more legal fees) I was sent an email by a third Glock attorney who said, that my comments were "false, retaliatory and actionable". (more legal fees) The Glock attorneys have already billed $28,000 in legal fees and have not made one bonafide attempt to make a demand or settle. I have spent 25 years of my life in building a Better Business Bureau Rated A+ company. At 79, they cannot hurt me anymore than they already have. My physical and mental health is being destroyed. I cannot eat, I cannot sleep or eat a decent meal. I am on medication for depression and cannot enjoy my family life.
The Glock attorneys have demanded to know how many M917's were sold and the names and addresses of those who purchased them. "What are you going to do when they come for you". I am not asking you to take sides. A word to the wise is sufficient. The Glock attorneys have demanded that I take down the PUBLIC NOTICE. As president of Maxsell in order to save the jobs of my employees and the closing of Maxsell, I will agree to all reasonable demands of Glock's attorneys if they will make a demand and settle without prejudice. I am pleading that anyone out there who can put an end to this madness to please contact me at: info@vicoconfino.com.

 
                              http://maxsell.com/

[Graybeard]

Can't say I've ever heard of the company and don't know what the affected product looks like. Clearly tho from what I saw on their website their business is based on clones of brand name firearms. How many of them have already lost copy right protection of their designs I dunno but it sure looks to me like the company has made their living and reputation on that of other companies without paying for the priviledge.

Seems to me they might just be getting what they deserve but who knows that's just what it looks like to me. I sure can't say that I blame Glock for their position on the matter.

[P.A. Myers]

When you buy a 'knock-off' product or a pirate CD etc. it can be assumed that it will cost the legitimate brand a sale. Maxsell sells toys. Anyone buying a glock appearing noise maker is not buying a gun. Glock is not suing for license fees,  their objective seems to be a slash and burn attempt to ruin Confino. Apple Computers just won a billion dollar settlement from Samsung. If you bought a samsung you did not buy an Apple. Anyone buying a Maxsell 'toy' still needs a real gun. I dont think glock has lost any sales to one of these toys. They have no basis for a recovery so they are using predatory legal tactics to ruin this man. I remember long ago Hubley made a nice looking copy of a hi-power.  Was their cap-gun taking sales away from Browning? The difference is the  plundering of legitimate business by a tidal wave of lawyers. One of the serious economic challenges we face is this huge increase in a hidden lawyer tax. It has caused serious price hikes on everything from automobiles to health care.

I have no interest in Maxsell other than at some point I may wish to buy one of their products at a reasonable price.  I see this as a point of justice. For a healthy economy this sping-trap legal system needs to be reformed. Since the lawyers run everything it wont happen.

I like this forum and I hope it isn't sued out of existance anytime soon.

                                                                          P.A.

[JustaShooter]

Trade Dress (which is what is being sued over) is not about selling something that could be confused to be the same product (a gun, in this case), it is that the product being sold could be taken to be endorsed by or even made by the company being copied since it uses their "trade dress", something similar to a trade mark but is (as I understand it) a distinctive look to the product that is unique to the company.

Just a Shooter