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ACTION MARKERS CONTACTED BY K2.
Some thoughts on all of the litigation, and threats of litigation, in the paintball industry...
We received a letter from the lawyers for K2/Brass Eagle/WGP on June 11, 2004. They are demanding that we "immediately cease and desist" from selling the AM-P Illusion marker.
As we sat and discussed our options at Action Markers, it occurred to me that one of the things that made Bud Orr a respected leader in the industry was that he didn't go around threatening to sue everyone like Smart Parts has done. While Smart Parts has been referred to as "Nazi's" because of their strong-arm tactics, I have read many posts and articles citing much respect and praise for Bud Orr and Tom Kaye. A large part of the respect given them was due to the fact that over the years they probably could have sued other companies, but chose not to. Many people have given them credit for encouraging innovation and growth in the paintball industry as a result of refraining from suing everyone.
So, what has changed with WGP? I suppose the fact that a large, multi-national company now owns them is what has made the difference. So... all this time was it just the lack of financial resources that prevented WGP from suing everyone that used the term "Autococker"(r)? I'd like to think not, but only Bud Orr knows the answer to that.
The letter we received is quite vague. It alludes to "patents, trademarks and/or trade dresses" but doesn't reference any. It states that they were "shocked" to discover that Action Markers currently sells markers that "infringe" their properties, and has caused "excessive customer confusion". Really? People are mistaking the Illusion for an AutoCocker(r) or a Sniper? I highly doubt it. I suppose it has been "compared" to a Sniper, but, causing excessive customer confusion? Huh? Give the players more credit than that... We have not received a single call from a customer asking to buy an Autococker(r) or Sniper from us. I wonder how many calls they have received confusing the Illusion with their guns?
Their letter also states that they plan to aggressively protect their "intellectual" rights, but the letter never mentions exactly what those intellectual rights are. The letter finishes by reminding us that litigation in Federal Court "can be very expensive". In other words, K2/Brass Eagle/WGP has a lot more money than puny Action Markers, so you may as well just give in.
Their threat of action is really too bad for the players. When we introduced the Illusion pump marker, we introduced several innovative designs. The Illusion is the only marker in the world to offer the pump player five types of interchangeable feed options. It also has an entirely different trigger system than the AutoCocker(r). It has an entirely different body and includes dual push rods which are flush with the body. In fact, there have been several articles written which explain that the Illusion is not a "Cocker" or a Sniper.
I recall Bud Orr, as well as numerous WGP employees, stopping by our booth at the Hell's Survivor's game in 2002. Bud took a good look at the Illusion and complimented us on it. "Nice gun" was his exact comment. If it was so obviously violating their "intellectual rights", shouldn't he have put us on notice then?
Because of the innovative features of the Illusion, it became a big hit with serious pump players. Is K2/Brass Eagle/WGP afraid of a small, new-comer like Action Markers? Obviously, rather than encourage competition, as we do, they would rather stomp out any competition with all of their might and financial power.
The only positive thing in this is that we take it as a compliment that they sent us their threatening letter. That means that they recognize us as a serious competitor and a company that they need to stop.
As a player, you may think; "what's the big deal.... so what if AM and other companies can't make a particular model?" Well, with Brass Eagle and WGP being bought by the same company, and now Tippmann being bought by a huge company, the industry is headed towards monopolies. With monopolies come fewer choices, less innovation and higher prices.
And, where will they stop? If our Illusion which only resembles their guns, is fair game, are they going to go after barrel companies that make barrels with Autococker(r) threads? After all, by K2's definition, they are infringing upon WGP's intellectual rights too.
While I think it's a mistake for K2 to take these actions, just as I think Smart Parts has made a big mistake, K2/Brass Eagle/WGP is right about one thing. We don't have the resources to fight them. Our only choice is to "cease and desist"!
If you are the type to keep score, this is (1) win for K2/Brass Eagle/WGP and (1) big loss for consumers and players. You now have one less choice. Undoubtedly, because of their huge resources K2 will score many more points in the near future, with paintball players being the losers!
As you may know, Action Markers' slogan is "Welcome to Tomorrow!" It signifies that our goal is to give players innovative products.
Well paint-ballers: Welcome to K2/Brass Eagle/WGP...
Note: The viewpoint expressed herein is strictly my personal opinion. I invite readers and paintball players to form their own opinion on the subject. "Autococker" is a registered trademark of WGP. The full text of K2's demand letter will soon be posted on the AM web site.
Sincerely,
Steven Deam, Sr.
Action Markers, Inc.
www.actionmarkers.com
^^Taken from Flagpull.com
Cliff Notes:
1)WGP is suing Action Markers
2)WGP wants Action Markers to stop making their Illusion marker
3)Bud Orr has lost a lot of respect in the paintball community
4)WGP may go after everyone with an auto-cocking marker
5) Monopolies abound
Read if you want more details. Please DO NOT quote this post in it's entirity becuase it is very large. If reffering to it, just the "The 1st post", or something like that.
Some thoughts on all of the litigation, and threats of litigation, in the paintball industry...
We received a letter from the lawyers for K2/Brass Eagle/WGP on June 11, 2004. They are demanding that we "immediately cease and desist" from selling the AM-P Illusion marker.
As we sat and discussed our options at Action Markers, it occurred to me that one of the things that made Bud Orr a respected leader in the industry was that he didn't go around threatening to sue everyone like Smart Parts has done. While Smart Parts has been referred to as "Nazi's" because of their strong-arm tactics, I have read many posts and articles citing much respect and praise for Bud Orr and Tom Kaye. A large part of the respect given them was due to the fact that over the years they probably could have sued other companies, but chose not to. Many people have given them credit for encouraging innovation and growth in the paintball industry as a result of refraining from suing everyone.
So, what has changed with WGP? I suppose the fact that a large, multi-national company now owns them is what has made the difference. So... all this time was it just the lack of financial resources that prevented WGP from suing everyone that used the term "Autococker"(r)? I'd like to think not, but only Bud Orr knows the answer to that.
The letter we received is quite vague. It alludes to "patents, trademarks and/or trade dresses" but doesn't reference any. It states that they were "shocked" to discover that Action Markers currently sells markers that "infringe" their properties, and has caused "excessive customer confusion". Really? People are mistaking the Illusion for an AutoCocker(r) or a Sniper? I highly doubt it. I suppose it has been "compared" to a Sniper, but, causing excessive customer confusion? Huh? Give the players more credit than that... We have not received a single call from a customer asking to buy an Autococker(r) or Sniper from us. I wonder how many calls they have received confusing the Illusion with their guns?
Their letter also states that they plan to aggressively protect their "intellectual" rights, but the letter never mentions exactly what those intellectual rights are. The letter finishes by reminding us that litigation in Federal Court "can be very expensive". In other words, K2/Brass Eagle/WGP has a lot more money than puny Action Markers, so you may as well just give in.
Their threat of action is really too bad for the players. When we introduced the Illusion pump marker, we introduced several innovative designs. The Illusion is the only marker in the world to offer the pump player five types of interchangeable feed options. It also has an entirely different trigger system than the AutoCocker(r). It has an entirely different body and includes dual push rods which are flush with the body. In fact, there have been several articles written which explain that the Illusion is not a "Cocker" or a Sniper.
I recall Bud Orr, as well as numerous WGP employees, stopping by our booth at the Hell's Survivor's game in 2002. Bud took a good look at the Illusion and complimented us on it. "Nice gun" was his exact comment. If it was so obviously violating their "intellectual rights", shouldn't he have put us on notice then?
Because of the innovative features of the Illusion, it became a big hit with serious pump players. Is K2/Brass Eagle/WGP afraid of a small, new-comer like Action Markers? Obviously, rather than encourage competition, as we do, they would rather stomp out any competition with all of their might and financial power.
The only positive thing in this is that we take it as a compliment that they sent us their threatening letter. That means that they recognize us as a serious competitor and a company that they need to stop.
As a player, you may think; "what's the big deal.... so what if AM and other companies can't make a particular model?" Well, with Brass Eagle and WGP being bought by the same company, and now Tippmann being bought by a huge company, the industry is headed towards monopolies. With monopolies come fewer choices, less innovation and higher prices.
And, where will they stop? If our Illusion which only resembles their guns, is fair game, are they going to go after barrel companies that make barrels with Autococker(r) threads? After all, by K2's definition, they are infringing upon WGP's intellectual rights too.
While I think it's a mistake for K2 to take these actions, just as I think Smart Parts has made a big mistake, K2/Brass Eagle/WGP is right about one thing. We don't have the resources to fight them. Our only choice is to "cease and desist"!
If you are the type to keep score, this is (1) win for K2/Brass Eagle/WGP and (1) big loss for consumers and players. You now have one less choice. Undoubtedly, because of their huge resources K2 will score many more points in the near future, with paintball players being the losers!
As you may know, Action Markers' slogan is "Welcome to Tomorrow!" It signifies that our goal is to give players innovative products.
Well paint-ballers: Welcome to K2/Brass Eagle/WGP...
Note: The viewpoint expressed herein is strictly my personal opinion. I invite readers and paintball players to form their own opinion on the subject. "Autococker" is a registered trademark of WGP. The full text of K2's demand letter will soon be posted on the AM web site.
Sincerely,
Steven Deam, Sr.
Action Markers, Inc.
www.actionmarkers.com
^^Taken from Flagpull.com
Cliff Notes:
1)WGP is suing Action Markers
2)WGP wants Action Markers to stop making their Illusion marker
3)Bud Orr has lost a lot of respect in the paintball community
4)WGP may go after everyone with an auto-cocking marker
5) Monopolies abound
Read if you want more details. Please DO NOT quote this post in it's entirity becuase it is very large. If reffering to it, just the "The 1st post", or something like that.
