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

allen-1 said:
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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They're probably junk, anyways.

Magpul, IMHO, makes the only decent knock-off Glock mags that I would trust my life to. The product is pretty reliable, and it's really
cheap. (well, at least for exempt folks or those living outside MA... )

-Mike
 
Len-2A Training said:
I'm not sure that I see the crime here!

Take a look at the + view of this Sgm Glock mag here:
http://www.sgmtactical.com/sgm-products/magazines/sgm-tactical-glock-17-magazine/

Clearly marked with mfr's name. Unless Glock can insist that nobody can sell a usable mag for their guns, or that they copied the design exactly, I don't see the issue.
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My guess is Glock is pissed because the packaging says "GLOCK Magazine" instead of "Pistol Magazine - fits Glock Model xx etc". It's a dick move of sorts but something probably marginally within trademark law.

As contrast, look at Magpuls packaging next time you're in NH. It doesn't say "GLOCK Magazine" on it, it says PMAG 17 blah blah blah.. I'm sure there are other examples.

-Mike
 
drgrant said:
They're probably junk, anyways.

Magpul, IMHO, makes the only decent knock-off Glock mags that I would trust my life to. The product is pretty reliable, and it's really
cheap. (well, at least for exempt folks or those living outside MA... )

-Mike
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Here's Magpul's web page:

PMAG® 17 GL9™ – GLOCK® G17 9x19mm Parabellum

Those little Rs in circles and TMs are REALLY important.
 
xjma99 said:
Just ordered a few, hehe.
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"OK so advertising budget is $5000 and it won't reach too many people... how about tell customs to seize 400 of our magazines, at $10/ea our cost, and get the media to advertise for us on a national level at a 20% discount?"
 
Could you please stop cluttering up another NES Fake Outrage thread with actual facts and knowledge. [laugh]

mibro said:
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.
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Len-2A Training said:
I'm not sure that I see the crime here!

Take a look at the + view of this Sgm Glock mag here:
http://www.sgmtactical.com/sgm-products/magazines/sgm-tactical-glock-17-magazine/

Clearly marked with mfr's name. Unless Glock can insist that nobody can sell a usable mag for their guns, or that they copied the design exactly, I don't see the issue.
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They take trademark infringement pretty seriously...

Glock Goes After Toy Gun Makers for Trademark Infringement

But in June 2012, Confino was rattled. From his Coconut Creek office -- an unremarkable three- or four-room space where a single copy machine sits surrounded by walls plastered with dozens of gun posters -- he dialed up a top lawyer for Glock, Inc., the billion-dollar company that was suing him for trademark infringement. Confino, as he tells it, introduced himself and amicably offered to negotiate. But the big-shot Glock attorney would have none of it.

"I don't like you," the lawyer allegedly said. "And I'm going to destroy you.

But the massive gun company's suit against Confino is representative of a larger pattern of aggression. In the past 15 years, Glock, Inc., the American arm of the Austrian company, has brought at least 11 trademark infringement suits against 20 companies -- and in all but one, the defendants were manufacturing or distributing toy or blank-firing guns. Glock has even censored video reviews of copycat guns.
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http://www.miaminewtimes.com/news/glock-goes-after-toy-gun-makers-for-trademark-infringement-6547112
 
Zappa said:
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.
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Look at the package in the OP, it looks like the package says a "Glock Magazine". This is the problem. It is not a Glock Magazine. This is very different than saying that the magazine is compatible and can be used in a Glock TM.
 
mibro said:
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.
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If they stumble across a possible infringement, Customs can seize the property and sort it out. It's one of Custom's primary duties.
 
weekendracer said:
If they stumble across a possible infringement, Customs can seize the property and sort it out. It's one of Custom's primary duties.
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Found this at cbp.gov:

"Businesses and rights owners are encouraged to submit allegations of infringing shipments or conduct to CBP. CBP uses this information to target these activities and may refer cases for criminal investigations.

If you have information about infringing goods being imported into the country, let CBP know. Information submitted through CBP’s online reporting system, e-Allegations, is disseminated to the appropriate office or port of entry for investigation. This important information-sharing tool improves CBP’s enforcement of your intellectual property rights at the border. "
 
There was a special on NEtGeo about faked goods, massive flows of actually counterfit shit like bags, shoes, clothing. Very clear infringement with counterfit labels etc. I believe that most companies do the investigation themselves, even some electronics manufacturers hire investigators abroad to chase this crap and figure out who does what. Then they deal with customs to assist in seizing goods. The ways to smuggle those good evolves all the time though.

This case, unless they are stamping Glock(tm) ... to make sure that this thread is not seized [laugh] logo on the mags, it's just an issue of improper labeling, but customs need to justify their budgets, so any stories wtih fantastic amounts of seized good are good stories for them.
 
mibro said:
Found this at cbp.gov:

"Businesses and rights owners are encouraged to submit allegations of infringing shipments or conduct to CBP. CBP uses this information to target these activities and may refer cases for criminal investigations.

If you have information about infringing goods being imported into the country, let CBP know. Information submitted through CBP’s online reporting system, e-Allegations, is disseminated to the appropriate office or port of entry for investigation. This important information-sharing tool improves CBP’s enforcement of your intellectual property rights at the border. "
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Yes, but if NES had some merchandise and I was working at a port. If I came across some NEeS, Northeasteshooter, merchandise, labeled incorrectly, knowing there is a company with a similar label, I could hold that shipment and verify if it's an attempt to circumvent NES's copyright or trademark. Customs is probably the most singular powerful agency in the country, if they say it doesn't come in, it simply does not come in.

It may be released later, but for the time, it'd be held on the dock.
 
Len-2A Training said:
Clearly marked with mfr's name. Unless Glock can insist that nobody can sell a usable mag for their guns, or that they copied the design exactly, I don't see the issue.
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It would be a patent infringement if it was about manufacturing a mag. Trade mark would be the words, symbol, logo, etc. Looks like Glock is pissed because they are selling compatible mags but all they could get them on was using their trademark without the due credit and disclaimer. It's surprising what you learn with an IP lawyer in the family. Smart counterfeiters will have some subtle difference in the logo/label so they can deny a criminal act when shipping/importing. The crime doesn't occur until the guy on the street tells you its a real Rolex, thus the big boys are protected.
 
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42! said:
It would be a patent infringement if it was about manufacturing a mag. Trade mark would be the words, symblol, logo, etc. Looks like Glock is pissed because they are selling compatible mags but all they could get them on was using their trademark without the due credit and disclaimer. It's surprising what you learn with an IP lawyer in the family. Smart counterfeiters will have some subtle difference in the logo/label so they can deny a criminal act when shipping/importing. The crime doesn't occur until the guy on the street tells you its a real Rolex, thus the big boys are protected.
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I think that original patent may be expired at this point, I don't know, may be they are like Mikey Mouse (tm) ... it never ever expires
 
weekendracer said:
Yes, but if NES had some merchandise and I was working at a port. If I came across some NEeS, Northeasteshooter, merchandise, labeled incorrectly, knowing there is a company with a similar label, I could hold that shipment and verify if it's an attempt to circumvent NES's copyright or trademark. Customs is probably the most singular powerful agency in the country, if they say it doesn't come in, it simply does not come in.

It may be released later, but for the time, it'd be held on the dock.
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All inbound freight must be identified at its point of origin via an ISF filing so CBP knows exactly what's inbound before it even leaves China or wherever. CBP knows everything about a specific shipment before it hits the water right down to manufacturer, stuffing location, importer and container number.

Having said that the vast majority of inbound freight does not get physically inspected by CBP unless there's a specific reason to do so. Cargo with "known" characteristics is rarely physically inspected. Even when inspected CBP will typically only open one or two cartons to verify the contents. When they do this they reclose the cartons with special CBP tape.

Some freight is selected for x-ray examination to ensure there is nothing illicit buried inside wrapped pallets or full containers. They have equipment that x-rays the entire container in one shot.

I'm not saying that CBP never independently identifies trademark violations but if it happens it's pretty much a random and infrequent event.
 
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Boris said:
I think that original patent may be expired at this point, I don't know, may be they are like Mikey Mouse (tm) ... it never ever expires
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I don't have a glock mag so I can't check for a patent number, but it may not be patented. Mags have been around a long time and there may not be anything unique enough to patent. And even if there were you (specifically you) could probably produce one that would work in a clock without violating a patent. I doubt the location of the mag retention notch could be considered unique art.
 
Customs agents and Homeland Security later apologized for the seizure saying that, after closer inspection, the packaging actually said "Glockenspiel " and the so-called mags were just tuning forks.


Sent from my iPhone using Tapatalk
 
42! said:
It would be a patent infringement if it was about manufacturing a mag. Trade mark would be the words, symbol, logo, etc. Looks like Glock is pissed because they are selling compatible mags but all they could get them on was using their trademark without the due credit and disclaimer. It's surprising what you learn with an IP lawyer in the family. Smart counterfeiters will have some subtle difference in the logo/label so they can deny a criminal act when shipping/importing. The crime doesn't occur until the guy on the street tells you its a real Rolex, thus the big boys are protected.
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What mibro has said in this thread makes a lot of sense, though. There are tons of aftermarket glock mags and those don't seem to have a problem being sold, just this one particular brand/shipment. Someone in china or wherever didn't do their due dilligence in terms of designing the packaging for the product.

HK does the same thing with Airsoft shit. If something says HK MP5 Airsoft on it, it's either something that leaked through or it's actually a licensed product.

-Mike
 
mibro said:
Here's Magpul's web page:

PMAG® 17 GL9™ – GLOCK® G17 9x19mm Parabellum

Those little Rs in circles and TMs are REALLY important.
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Agreed and very likely the case.

However, that wouldn't make them "counterfeit"!


weekendracer said:
Yes, but if NES had some merchandise and I was working at a port. If I came across some NEeS, Northeasteshooter, merchandise, labeled incorrectly, knowing there is a company with a similar label, I could hold that shipment and verify if it's an attempt to circumvent NES's copyright or trademark. Customs is probably the most singular powerful agency in the country, if they say it doesn't come in, it simply does not come in.

It may be released later, but for the time, it'd be held on the dock.
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Understood. It's the use of the term "counterfeit" here that doesn't ring true when you look at the picture on the company website.


42! said:
I don't have a glock mag so I can't check for a patent number, but it may not be patented. Mags have been around a long time and there may not be anything unique enough to patent. And even if there were you (specifically you) could probably produce one that would work in a clock without violating a patent. I doubt the location of the mag retention notch could be considered unique art.
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No patent numbers on real Glock mags. Doesn't mean that they aren't patented however.
 
42! said:
It would be a patent infringement if it was about manufacturing a mag. Trade mark would be the words, symbol, logo, etc. Looks like Glock is pissed because they are selling compatible mags but all they could get them on was using their trademark without the due credit and disclaimer. It's surprising what you learn with an IP lawyer in the family. Smart counterfeiters will have some subtle difference in the logo/label so they can deny a criminal act when shipping/importing. The crime doesn't occur until the guy on the street tells you its a real Rolex, thus the big boys are protected.
Click to expand...

TM law can be a little more broad than that. Basically, if its functional, it's not subject to TM, but rather patent. If they took the trade "dress" from Glock, there could also be grounds for infringement... IE if the packaging was the same style but said different stuff, although this seems to not be the case here. If glock had come-up with a unique gray that could be shown not to be functional, and all their mags were that signature color, they may be able to stop production of that color mag... but all this stuff is subject to litigation. And to be fair, TM holders have to defend their TMs to keep them.

Mike
 
How did the border agents know these weren't Glock?
Are they experts on the hundreds of thousands of businesses in the U.S?
Do they take a pic of every product and send it to a company lawyer?
 
Most likely Glock has trademarked the word GLOCK in block letters of a stated size. This is not that unusual and many Co. do this because the brand is identifiable by the GLOCK name in block letters. See Below:
[h=1]GLOCK - Trademark Details[/h]Status: 700 - Registered
image.php

Serial Number
77386186

Registration Number
4038822

Word Mark
GLOCK

Status
700 - Registered

Status Date
2011-10-11

Filing Date
2008-02-01

Registration Number
4038822

Registration Date
2011-10-11

Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset

Design Searches
261102, 261103, 270301 - Plain single line rectangles. Incomplete rectangles. Geometric figures forming letters or numerals, including punctuation.

Published for Opposition Date
2008-10-14

Attorney Name
Carlos Guevara
 

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