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Customs seizes $2 million worth of ‘counterfeit’ Glock mags

DW357

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http://www.guns.com/2017/02/17/customs-seizes-2-million-worth-of-counterfeit-glock-mags/

U.S. Customs and Border Protection authorities in Savannah have held up a shipment of magazines from Asia they contend violate Glock’s trademark.
In a release from CBP, the agency advised they had impounded a shipment container headed to Tennessee at the Savannah Port of Entry containing 591 cartons of pistol magazines. Authorities determined the Glock trademark on the packaging was unauthorized and in violation of the registered trademark, which led to the shipment– valued at $2.1 million according to the MSRP– to be seized.
“Counterfeiting is often viewed as a victimless crime. The theft of intellectual property and the trade in counterfeit and pirated goods threatens America’s innovation-based economy,” said Lisa Beth Brown, area port director of Savannah. “Seizures like this keep those goods out of the American supply chain—protecting our economy and consumers from potentially harmful products.”
The image released by CBP appears to show SGM Tactical branded magazines for Glock pistols. The company, known for their budget magazine offerings and aftermarket parts, is located in Knoxville, Tennessee. Guns.com reached out to SGM for comment on the magazines and will update this piece if one is received.

Customs.seizes.2.million.worth_.of_.counterfiet.Glock_.mags_-1.jpg
 
Dafuq? Those are clearly not trying to pass themselves off as Glock factory mags....

Yeah I'm also confused by this. They didn't have the Glock logo anywhere on the packaging. Then again, I know nothing about trademarks....
 
Authorities determined the Glock trademark on the packaging was unauthorized and in violation of the registered trademark, which led to the shipment– valued at $2.1 million according to the MSRP– to be seized.

I don't see the Glock registered trademark on the packaging, unless the photo is not showing it. All I see is the word "GLOCK" in capital letters. The article does not say the Glock trademark is stamped on the product itself.
I have a bunch of aftermarket Glock mags with no logo markings on them, the seller says they are "Asian military contract" mags.
 
I wonder if the mag bodies themselves have a Glock logo imprinted on them. Otherwise it sounds like Glock is just pissed they didn't get their cut...

ETA: never mind, seems the article states "packaging"
 
Yeah I'm also confused by this. They didn't have the Glock logo anywhere on the packaging. Then again, I know nothing about trademarks....

Glock probably took the position that the word "Glock" itself is part of their trade dress. You do not need to reproduce a logo to violate a trademark.

In the picture above, to avoid a trademark issue, the packaging should have read "PISTOL magazine."
 
valued at $2.1 million according to the MSRP
Typical bogus use of "valued at". The value in bulk is less, plus street price would be below retail. My guess is a few hundred $K, tops.
 
Typical bogus use of "valued at". The value in bulk is less, plus street price would be below retail. My guess is a few hundred $K, tops.

"Valued at" is lawyer talk to establish a baseline for economic harm via trademark violation. Probably Glock MSRP x the number of magazines seized.
 
Glock probably took the position that the word "Glock" itself is part of their trade dress. You do not need to reproduce a logo to violate a trademark.

In the picture above, to avoid a trademark issue, the packaging should have read "PISTOL magazine."

But if they can't print the word "Glock" on the packaging, how would one know exactly what gun they are made to fit ???
 
Wait, i just bought windshield wipers that said on the packaging that they fit my truck.
 
Glock probably took the position that the word "Glock" itself is part of their trade dress. You do not need to reproduce a logo to violate a trademark.

In the picture above, to avoid a trademark issue, the packaging should have read "PISTOL magazine."

IIRC, Glock has a reputation of aggressively pursuing trademark infringements.
 
Wait, i just bought windshield wipers that said on the packaging that they fit my truck.

Aftermarket auto parts are an excellent example, if the manufacturer can't print the name and model of the vehicle they fit on the packaging, that would lead to all sorts of problems and confusion.

Are they supposed to mark them cryptically such as "fits polymer pistols made by well known Austrian gunmaker" ???
 
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But if they can't print the word "Glock" on the packaging, how would one know exactly what gun they are made to fit ???

In the small print on the back with an acknowledgement that the word "Glock" is a registered trademark of etc.

They might have been OK with "Glock" on the front if they had clearly noted it was someone else's registered trademark.

IANA trademark lawyer but my FIL was. About the most boring way to make a living I can imagine.
 
In the small print on the back with an acknowledgement that the word "Glock" is a registered trademark of etc.

They might have been OK with "Glock" on the front if they had clearly noted it was someone else's registered trademark.

IANA trademark lawyer but my FIL was. About the most boring way to make a living I can imagine.

The only thing I see on the package that appears to be a trademark is they stylized "SGM" marking.
It doesn't look like they're trying to fool anyone into thinking these are genuine Glock mags.
 
Aftermarket auto parts are an excellent example, if the manufacturer can't print the name and model of the vehicle they fit on the packaging, that would lead to all sorts of problems and confusion.

Are they supposed to mark them cryptically such as "fits polymer pistols made by well known Austrian gunmaker" ???

That's one way to solve the problem. The other is to clearly acknowledge the use of someone else's trademark and to make it clear the item in the package is an aftermarket part.

- - - Updated - - -

The only thing I see on the package that appears to be a trademark is they stylized "SGM" marking.
It doesn't look like they're trying to fool anyone into thinking these are genuine Glock mags.

Glock obviously sees it differently.

Let battle commence and may the best legal team win.
 
Glock obviously sees it differently.

Let battle commence and may the best legal team win.

It's not even clear that this is driven by Glock. It's US Customs that made the seizure.

If this happed a month or two ago it would be painted as part of Obama's war on guns.
 
It's not even clear that this is driven by Glock. It's US Customs that made the seizure.

I doubt that US Customs is independently policing Glock's trademarks. They will be looking for compliance in Country Of Origin marking etc. But they will seize counterfeit goods when informed by a manufacturer of such a shipment.
 
I did and I didn't learn anything. Could you spell it out for me please. Thanks.


I think he was referring to this disclaimer:
DISCLAIMER: “GLOCK” is a federally registered trademark of GLOCK, Inc. and is one of many trademarks owned by GLOCK, Inc. and GLOCK Ges.mbH. Anacortes Gun Shop, nor this site are affiliated in any manner with, or otherwise endorsed by, GLOCK, Inc. or GLOCK Ges.mbH. The use of “GLOCK” on this page is merely to advertise the sale of GLOCK pistols, parts, or components. For additional genuine GLOCK, Inc. and GLOCK Ges.mbH products and parts visit www.glock.com.
 
It's not even clear that this is driven by Glock. It's US Customs that made the seizure.

If this happed a month or two ago it would be painted as part of Obama's war on guns.

I doubt that US Customs is independently policing Glock's trademarks. They will be looking for compliance in Country Of Origin marking etc. But they will seize counterfeit goods when informed by a manufacturer of such a shipment.

Would they have contacted Glock to confirm if the shipment was legit or not?
 
I think he was referring to this disclaimer:

Textbook example of how to do it.

Is the same disclaimer on the magazine packaging?

Edit: what is very obviously missing from the front of the magazine packaging, btw, is the registered trademark symbol. Instead of GLOCK it should read GLOCK®.

I'm not defending Glock here, btw, but Glock's lawyers obviously think they have a case.

When you're the little guy in business you should take care not to antagonize the 600lb gorilla. Do not skip the step of running your packaging designs past a trademark lawyer if you're in any doubt.
 
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Would they have contacted Glock to confirm if the shipment was legit or not?

US Customs does not independently police trademarks to the best of my knowledge. I am in the import business FWIW.

So I think the way it would go down is Glock would have informed US Customs of an inbound shipment of "counterfeit" mags. This is easier to do than it sounds as there are online databases of containerized freight which would allow Glock to track shipments from specific offshore manufacturers to SGM. Glock would supply the container number and ship ID to US Customs.
 
My neighbor is a Customs Border Protection agent working at the port in Savannah. I'll have to ask him if he managed to fill up his truck with any...
 
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