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

Discussion in 'General Discussion' started by andrew1220, Feb 17, 2017.

  1. andrew1220

    andrew1220 NES Member

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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.

    [​IMG]
     

  2. hv55maxx

    hv55maxx NES Member

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    so what branch of bureaucracy needed new mags?
     
  3. amm5061

    amm5061 NES Member

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    Dafuq? Those are clearly not trying to pass themselves off as Glock factory mags....
     
  4. andrew1220

    andrew1220 NES Member

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    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....
     
  5. Zappa

    Zappa Road Warrior NES Member

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    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.
     
  6. Royal

    Royal NES Member

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    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"
     
  7. mclina

    mclina NES Member

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    No kidding. Do mag makers, like ProMag, need to pay royalties to make mags to fit certain guns?

    Or are these counterfeit SGM mags?
     
  8. Dennis in MA

    Dennis in MA NES Member

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  9. mibro

    mibro NES Member

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    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."
     
  10. Rob Boudrie

    Rob Boudrie NES Member

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    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.
     
  11. mibro

    mibro NES Member

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    "Valued at" is lawyer talk to establish a baseline for economic harm via trademark violation. Probably Glock MSRP x the number of magazines seized.
     
  12. Zappa

    Zappa Road Warrior NES Member

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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 ???
     
  13. Frizzle Fry

    Frizzle Fry NES Member

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    Still waiting on pictures of the Glock "logo" or a magazine that looks like a factory magazine... or something...
     
  14. Obie1

    Obie1 NES Member

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    Wait, i just bought windshield wipers that said on the packaging that they fit my truck.
     
  15. LoginName

    LoginName NES Member

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    IIRC, Glock has a reputation of aggressively pursuing trademark infringements.
     
  16. Zappa

    Zappa Road Warrior NES Member

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    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" ???
     
    Last edited: Feb 17, 2017
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  17. mibro

    mibro NES Member

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    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.
     
  18. Zappa

    Zappa Road Warrior NES Member

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    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.
     
  19. mibro

    mibro NES Member

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    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 - - -

    Glock obviously sees it differently.

    Let battle commence and may the best legal team win.
     
  20. mclina

    mclina NES Member

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    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.
     
  21. mibro

    mibro NES Member

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    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.
     
  22. free

    free NES Member

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  23. mibro

    mibro NES Member

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    1 person likes this.
  24. Sprocket

    Sprocket NES Member

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    The boys at Glynco FLETC were training again...Like the sting they set up and bagged 80+ locals for illegal sales of firearms.
     
  25. amm5061

    amm5061 NES Member

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    I think he was referring to this disclaimer:
     
  26. LoginName

    LoginName NES Member

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    Would they have contacted Glock to confirm if the shipment was legit or not?
     
  27. mibro

    mibro NES Member

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    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.
     
    Last edited: Feb 17, 2017
  28. mibro

    mibro NES Member

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    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.
     
  29. allen-1

    allen-1 NES Member

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    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...
     
  30. Fixxah

    Fixxah NES Member

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    Actual number is 400 mags. Price reflects Chirac street value added.
     

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