Now Brass Eagle and WGP follow suit

[Dark Warrior]

Press Release from NPPL Platinum Sponsors Brass Eagle & WGP LLC. DEC.15,2004

Bentonville, Arkansas

Brass Eagle LLC and WGP LLC (Worr Game Products) jointly announce that they were awarded a judgment on December 13, 2004 by the U.S. District Court in Fayetteville, Arkansas against National Paintball Supply Inc., Psychoballistics, Inc., 32 Degrees and Empire Paintball. The judgment includes a permanent injunction, ordering defendants to immediately cease distributing Lightning markers, Lightning Deluxe markers, the Empire Reloader and the 32 Degrees Round Loader. The judgment covered two separate areas: tradedress and patent infringement involving Worr Game’s popular Autococker model paintball marker, and affirmed Worr Game’s exclusive right to the trademarks Autococker and Cocker. Second, the judgment affirmed Viewloaders’ exclusive right to the outward appearance of its popular Viewloader brand paintball loaders.

Bud Orr, President of Worr Game and Lynn Scott, President of Brass Eagle, jointly stated: “We are determined to protect our proprietary patent, tradedress and trademark rights, in Worr Game and ViewLoader Products. Worr Games has a registered trademark in the name Autococker and Cocker, as well as patent and tradedress rights. ViewLoader has similar intellectual property rights which we intend to defend. After several attempts to amicably settle this dispute with no acceptable response, we chose the only option left available. Litigation and the accompanying cost is not what we would have preferred, but under the circumstances we felt we had no other choice.”

In addition to a permanent injunction, the judgment provides for money damages, treble damages, punitive damages and attorney’s fees and costs, with the exact amount to be determined at a later hearing

And so it goes on

 

[Jon S]

I take it the reloader part applies to the original reloader revvy, or have they somehow determined that the new sleek one Manike posted a while back infringes on the appearance of the revvy?

 

[dr.strangelove]

Originally posted by Jon S
or have they somehow determined that the new sleek one Manike posted a while back infringes on the appearance of the revvy?

I'd wager a guess that they designed that new sleek one because of this upcoming ruling. Been wondering for years if VL or Odyssey were going to pitch a bitch about that. WGP have been trying to get the Lightning off the market since it was introduced, so that's no big surprise, and because of the patents they hold, it's no surprise that they got the ruling they did either. These two cases seem pretty legit if you ask me, it's about one company not blatantly ripping off another's product design and appearance. Not quite the same as Smart Parts being a bunch of greedy dick heads and trying to strong arm every company that produces electronic markers.

 

[manike]

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[dr.strangelove]

Originally posted by manike
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True dat!