BULKY
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`DOCUMENT
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`(FILED ON PAPER —— ENTIRE DOCUMENT EXCEEDS 100 PAGES)
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`86416038
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`Filing Date
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`07/06/2015
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`1of
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`8641 6038
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`DOCUMENT
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`(FILED ON PAPER —— ENTIRE DOCUMENT EXCEEDS 100 PAGES)
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`86416038
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`Filing Date
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`07/06/2015
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`1of
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`8641 6038
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`'
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`TTAB
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TILADEMARK TRIAL AND APPEAL BOARD
`
`
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`GLOCK, INC.,
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`Applicant.
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`RE_(_ QUEST FOR SUSPENSION
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`The application of Glock, Inc. for trademarks G17 and G18 should be suspended because
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`there is an underlying trademark and patent infringement lawsuit against opposer The Wuster
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`currently pending in the Northern District of Georgia (Case No. 2:14-cv-00568-AT, the
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`“underlying lawsuit”) which, as Glock itself has acknowledged, covers issues “including but not
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`limited to, the G17 trademark.” (Applicant’s March 16, 2015 Request for Reconsideration).
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`The complaint in the underlying lawsuit, attached hereto with selected relevant exhibits
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`as Attachment A, specifically alleges that The Wuster’s G17 gun is an unauthorized and
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`unlicensed use of Glock’s trade mark and dress and includes exhibits regarding the allegedly
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`infringing G17 model. (See Attachment A, complaint paragraphs 52, 78 and Exhibits A (partial),
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`F-I, H-2). The complaint also alleges violations of Glock’s trade dress in relation to the G18
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`model. (See Attachment A, complaint paragraph 54 and Exhibits A (partial), F—3).
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`lllllll||||ll||||||||||||||||||||||l|||||||||||||||||||||l||
`07-06-2015
`U 5‘ Patent 3. TMOl'Er'TM Mall Rent Dt #
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`1
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`In the matter of Serial No. 86416038
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`Date of Publication: March 3, 2015
`For the marks: G17 and G18
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`KENT WU AND THE WUSTER,
`
`Opposer,
`
`Application Serial No. 8641603 8
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`
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`Attachment A shows that there is an ongoing court proceeding which likely will affect
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`the registrability of G17 and G18. Thus, primafacie good cause exists to suspend Glock’s
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`application pending resolution of the underlying lawsuit. (See 37 C.F.R. § 2.67 (“The fact that a
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`proceeding is pending before .
`
`.
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`. a court which is relevant to the issue of registrability of the
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`applicant’s mark[] .
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`.
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`. will be considered prima facie good and sufficient cause[]” to suspend the
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`action); see generally 37 C.F.R. §2.l l7(a) (“Whenever it shall come to the attention of the
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`Trademark Trial and Appeal Board that a party or parties to a pending case are engaged in a civil
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`action or another Board proceeding which may have a bearing on the case, proceedings before
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`the Board may be suspended until termination of the civil action or the other Board
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`proceeding.”)).
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`We note that another separate but related proceeding, Glock’s Petition for Cancellation of
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`the G19 mark (No. 92061240, filed April 9, 2015), was suspended pending further review and
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`briefing by the parties by Interlocutory Attorney Elizabeth Dunn on June 26, 2015, after the
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`undersigned raised similar concerns about overlapping factual issues between the underlying
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`lawsuit and the cancellation petition in relation to the G19 mark. Moreover, although settlement
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`discussions may not have occurred yet regarding the issues pending before the Trademark Trial
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`and Appeal Board, The Wuster has indeed engaged in settlement discussions with Glock
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`regarding the underlying lawsuit. Although the overlapping facts between the underlying lawsuit
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`and Glock’s application would be sufficient grounds to grant The Wuster’s request for extension
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`of time, by this motion The Wuster instead seeks to suspend the application entirely.
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`
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`For the foregoing reasons, The Wuster respectfully requests Glock’s application
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`regarding G17 and G18 be suspended until the issues in the underlying lawsuit regarding G17-
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`and G18 are resolved.
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`Dated this
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`day of July, 2015.
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`
`
`PAUL S. MARKS, State Bar No. 138407
`NEUFELD MARKS
`315 W. 9”‘ Street, Suite 501
`Los Angeles, California 90015
`Telephone: (213) 625-2625
`Facsimile: (213) 625-2650
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`Attorneys for Opposer Kent Wu and The Wuster
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`
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`{I
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`\A
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`Attachment A
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`4|
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`1*
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`Case :L':L4~cv-00568-AT Document 1 Filed 02/26/14 Page 1 of 47
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ROME DIVISION
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`GLOCK, INC.,
`
`Plaintiff,
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`v.
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`KENT DE—HUI WU a/k/a KENT WU a/k/a
`KEAT D. WU a/k/a KENNETH WU a/k/a
`3
`KENNETH WILSON, MAY-FONG CI-IU
`a/k/aMAYCHU a/k/aMAYFUNCHU
`a/k/a MIAN CHU a/k/a MAY SCHWARZ,
`THE WUSTER, DA WUSTER INC., DA
`WUSTER CORR, WUSTER &. CHEWY
`LLC (California), WUSTER & CHEWY
`LLC (Washington), THE WUSTER INC.,
`XYZ CORPORATIONS 1-10, and ABC
`LIMITED LIABILITY COMPANIES 1-10,
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`Defendants.
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`JURY TRIAL DEMANDED
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`-.J\/vggg/\/\./\/\z\_4\guu\./\../\./\/\./\.J Civil Action No.: 1:1u:v—5ss.mr
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`COMPLQINT
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`COMES NOW Plaintiff, GLOCK, Inc. (“GLOCK”) by and through its
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`attorneys, Miller & Martin, PLLC, for its Complaint against Defendants alleges as
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`follows:
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`Case 1:14—cv-00568-AT Document 1 Filed 02/2611-4 Page 2 of 47
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`_1fARf]]__!§S
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`1.
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`Plaintiff GLOCK is a corporation organized and existing under the
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`laws of the state of Georgia with its principal place of business at 6000 Highlands
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`Parkway, Smyrna, GA 30082.
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`2.
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`Kent De-Hui Wu a/k/a Kent Wu a/k/a’ Keat D. Wu a/k/a Kenneth Wu
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`a/k/a Kenneth Wilson (“Wu”) is a citizen ofthe state of California.
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`3.
`
`May—Fong Chu a/Ida May Chu a/k/a May Fun Chu, a/k./a Mian Chu
`
`a/k/a May Schwarz (“Chu”) is a citizen ofthe state of California.
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`4.
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`Wu and Chu own and operate Airsplatcom.
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`5. Wu and Chu own and operate Airsplat Los Angeles, located at 3809
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`Durbin Street, Irwindale, CA 91706.
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`6.
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`Wu and Chu own and operate Airsplat Seattle,
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`located at
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`I20
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`Andover Park E # 150‘, Seattle, WA 98188 (AirSplat.com, Airsplat Los Angeles
`
`and Airsplat Seattle are hereinafter collectively referred to as “AirSp1at”).
`
`7.
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`Upon information and belief, Wu and Chu have created an elaborate
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`system of corporate entities designed to conceal their ownership and operation of
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`Airsplat.
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`8.
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`Defendant The Wuster is a corporation organized and existing under
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`the laws of the state of California with its principal place of business in California.
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`Case 1:.14«-CV-O0568—AT Document 1 Filed O2/26114 Page 3 of 47
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`9.
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`Defendant Da Wuster Inc. was a corporation organized and existing
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`under the laws of the state of California with its principal place of business in
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`California.
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`10. Defendant Wustcr & Chewy LLC (California) was a limited liability
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`company organized and existing under the laws of the state of Califomia with its
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`principal place ofbusiness in California.
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`11. Defendant Wuster & Chewy LLC (Washington) is a limited liability
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`company organized and existing under the laws of the state of Washington, with its
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`principal place of business in Washington.
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`12. Defendant The Wustcr Inc. is a corporation organized and existing
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`under the laws of the state of Washington with its principal place of business in
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`Washington.
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`13. Da Wuster Corp is‘ a corporation organized and existing under the
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`laws of the state ofNevada, with its principal place of business in Nevada.
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`14. XYZ Corporations 1-10 are additional coxporations that Wu and Chu
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`have created to conceal their ownership and operation of Airsplat, the identities of
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`which are currently unknown to Plaintiff.
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`Case 1:14~cv-00568-AT Document 1 -Filed 02/26/14 Page 4 of 47
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`15. ABC Limited Liability Companies 1-10 are additional limited liability
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`companies that Wu and Chu have created to conceal their ownership and operation
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`of Airsplat, the identities ofwhich are currently unknown to Plaintiff.
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`16. Wu and Chu are corporate ofiicers of the limited liability company
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`defendants.
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`17. Defendants The Wuster, Da Wuster Inc., Wuster & Chewy LLC
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`(California), Wuster & Chewy LLC (Washington), The Wuster Inc., Da Wuster
`
`Corp, XYZ Corporations 1-10, and ABC Limited Liability Companies 1-10 are
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`hereinafter collectively referred to as the “Airsplat Corporate Entities.”
`
`18.
`
`In marketing, selling, importing and distributing GLOCK Replicas (as
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`hereinafter defined)
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`into the United States,
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`including the State of Georgia,
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`Defendants have committed unlawful acts, including, but not limited to, patent
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`infringement, federal trade dress infringement, federal trademark infringement,
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`federal false designation of origin and false advertising, federal dilution, common
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`law trade dress and trademark infringement, unfair competition, deceptive trade
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`practices, and unjust enrichment, disgorgemcnt and constructive trust as more fiilly
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`set forth herein within the Northern District of Georgia.
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`Case 1:14~cv-00568-AT Document 1 Ffled 02/26I14 Page 5 of 47
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`JURISDICTION AND ZQQQ
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`19.
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`This is an action for injunctive relief, damages, treble damages and an
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`award for attorneys’ fees for infringement of a patent issued by the United States
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`Patent and Trademark Office (“USPTO") under 35 U.S.C. §«271, et. seq.
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`20.
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`This is also an action for injunctive relief, damages, treble damages
`
`and an award for attorneys’
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`fees
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`for
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`infiingement of federal
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`trade dress’
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`registrations and federal trademark registrations under 15 U.S.C. § 1114(1)(a);
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`trade dress infiingement and unfair competition under Section 43 (a) of the Lanham
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`Act, 15 U.S.C. § 1125(a); trademark infringement and unfiir competition under
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`Section 43(a) of the Lanham Act,_ 15 U.S.C. § 1125(a); dilution of a famous trade
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`dress under Section 43(c) of the Lanham Act, 15 U.S.C. § _1125(c); dilution of a
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`famous trademark under Section 43(c) ofthe Lanham Act, 15 U.S.C. § i12S(c); for
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`deceptive trade practices in violation of the Georgia Deceptive Trade Practices
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`Act, O.C.G.A. § 10-1-370, er. seq. for unfair competition in violation of Georgia
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`Unfair Competition Statute, 0.C.G.A- § 23-2-55, et. seq. for unfair competition in
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`violation of common law; and for unjust enrichment, disgorgement and
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`constructive trust in violation of common law.
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`21.
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`This Court has
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`subject matter
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`jurisdiction over
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`the patent
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`infringement,
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`trade
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`dress
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`infringement,
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`trademark
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`infringement,
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`unfair
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`Case 1:14—cv~O0568—AT Document 1 Filed 0226/14 Page 6 of 47
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`competition, false designation of origin and false advertising, and dilution pursuant
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`to 28 U.S.C. §§ 1331 & 1338.
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`22.
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`This Court has subject matter jurisdiction over the state and common
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`law claims pursuant to 28 U.S.C. § l332(a)(l) because there is complete diversity
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`of citizenship between Plaintiff and Defendants and the amount in controversy
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`exceeds $75,000 exclusive of interest and costs, and pursuant to 28 U.S.C. §
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`1367(3).
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`23.
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`This Court has personal jurisdiction over the Defendants pursuant to
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`the provisions of the Georgia Long Arm Statute, O.C.G.A. § 9~10-91.
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`24. Venue is proper in this Court pursuant to the provisions of 28 U.S.C.
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`§§ 1391 and § 14000;).
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`mars COMMON TO ALL COUNTS
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`BACKGROUND
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`25.
`
`In 1982, Gaston Glock developed the first commercially successful
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`polymer—frame semi-automatic pistol, the GLOCK 17. It has been well publicized
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`that the GLOCK 17 was regarded as a radically new design in virtually every
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`respect It revolutionized the industry. The new, unique appearance of the GLOCK
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`17 featured an external design and image that was a significant departure from the
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`Case 1:14»-cv-00568-AT Document 1 Filed 02/26/14 Page 7 of 47
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`traditional metal design widely used over the last century by other pistol
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`manufacturers, such as Smith & Wesson, Heckler & Koch and Colt.
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`26. GLOCK was formed in 1985 to assemble and market the GLOCK 17
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`in the United States. Subsequently, Gaston Glock developed a complete family of
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`GLOCK pistols, including the Model 17L, Model 18, Model 19, Model 20, Model
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`21, Model 22, Model 23, Model 24, Model 25, Model 26, Model 27, Model 2.8,
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`Model 29, Model 30, Model 31, Model 32, Model 33, Model 34, Model 35, Model
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`36, Model 37, Model 38, Model 39., Model 41, and Model 42. The family of
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`polyme1‘—framc pistols is herein collectively referred to as the “GLOCK pistols.”
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`Despite some initial skepticism from gun traditionalists,
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`the GLOCK. pistols
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`became enormously successful in the United States, with consumers and especially
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`with law enforcement agencies. By 1991, more than 3,500 Federal, State and local
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`law enforcement agencies and departments in the United States had adopted or
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`approved GLOCK pistols for duty use. By 1996, GLOCK captured over one half
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`of the United States law enforcement handgun market. GLOCK pistols are
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`presently used by over sixty-five percent (65%) of Federal, State and local law
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`enforcement agencies across the Country,
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`including the Federal Bureau of
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`Investigation, Drug Enforcement Agency, and the Federal Bureau of Prisons.
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`Case 1:14~cv—00568-AT Document 1 Filed 02/26/14 Rage 8 of 47
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`27. Gaston Glock’s original design and concept for the GLOCK 17 has
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`stayed virtually intact for the entire line of GLOCK pistols since ‘creation. All of
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`the various GLOCK pistols share the same distinctive design and appearance as the
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`original Model 17.
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`23. GLOCK pistols feature a distinctive appearance and overall image,
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`which represents a significant departure from the traditional pistol designs used by
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`other pistol manufacturers. GLOCK pistols include a polymer-frame with a slide
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`top lever built flush into one side of the flame and a small slide lock positioned in
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`an angled groove on both sides of the flame above the trigger. The slide and the
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`upper part of the polymer-firame on GLOCK pistols have a distinctive blocky and
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`squared-off shape, with polymer sights carrying a white dot on the top of the slide
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`and serrations on each side of the rear portion of the slide. The serial number plate
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`is embedded on the underside of the front part of the frame. The interface between
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`the slide and the frame on GLOCK pistols includes a distinctive gap. The bottom
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`portion of the frame includes both the handgrip and trigger guard. The handgrip of
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`GLOCK pistols includes distinctive. serrations on the front and rear faces and both
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`sides of a GLOCK pistol handgrip are slightly raised and textured. The front face
`ofthe handgrip includes two raised fnger ridges. At the transition between the rear
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`of the gun and the handgrip is a slightly projecting down-turned lip. The nigger
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`Case 1:14—cv~Op0568-AT Document 1 Filed 0226/14 Page 9 of 4?
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`guard of a GLOCK pistol is also a blocky and squared~off shape with distinctive
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`serrations on the front face. This previously unknown selection of non-functional
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`design elements present an inherently distinctive appearance and have acquired
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`secondary meaning. True and correct copies of photographs of select GLOCK
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`model pistols are attached as Eghigit A.
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`GLOCK T
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`E D
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`S
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`29.
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`The trade dress of GLOCK pistols has acquired a substantial level of
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`source identifying capability-, i.e., secondary meaning. ‘This secondary meaning is
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`the result of, among other things, the widespread popularity and use of GLOCK
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`pistols by law enforcement agencies and civilians throughout the United States,
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`GLOCK’s extensive marketing and promotional efforts, and extensive third-party
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`publicity.
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`30. GLOCK is the owner of a federal trademark registration for its trade
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`dress in International Class 13, Reg. No. 2,807,747 registered on January 27, 2004
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`by the United States Patent and Trademark Office (USPTO). A true and correct
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`copy of the registration is attached as Exhihit Q. The description of the mark is as
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`follows:
`
`The mark consists of the three dimensional overall
`configuration of a semi—automatic pistol having a blocky
`an[d] squared—off shape as viewed from the side, the
`front, and the rear. The vertical lines at the rear of the
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`Case 1:14-cv-0O568—AT Document 1 Filed 02/26/14 Page 10 of 47
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`slide indicate ridges. The stippling is a feature of the
`mark and not intended to indicate color. The dotted lines
`indicate features that are not claimed as a part of the
`mark. Neither the shape of the notch on the rear sight nor
`the circular shape of the interior of the barrel are claimed
`as a part of the mark. The shape of the trigger guard and
`the shape, location, and position of the trigger safety tab
`are claimed as a part of the mark, but no claim is made to
`the shape of the trigger separate from the trigger safety
`tab.
`.
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`Reg. No. 2,807,747 is incontestable pursuant to Section 15 of the Lanham Act, 15
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`U.S.C. §1065 and therefore, GLOCK. has the exclusive right to use its trade dress.
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`GLOCK also holds a second incontestable trade dress registration, Reg. No.
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`2,807,745.
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`31. Acceptance of GLOCK pistols in the marketplace was immediate, and
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`sales of GLOCK pistols have continued to grow since their introduction. GLOCK
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`has promoted the sale of its pistols by extensive advertising in newspapers and
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`magazines as well as through appearances at
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`trade shows and other events
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`throughout the United States. Newspapers and magazines throughout the United
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`States have included feature articles about the GLOCK pistols, and such pistols
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`have been generally recognized in the press as the leading polymer-frame semi-
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`automatic pistol
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`in the worldwide market. Such articles have featured the
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`distinctive appearance and the unique operation of GLOCK pistols. True and
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`Case 1:14-cv~O0568~AT Document 1 Filed 02I26l14 Page 11 of 47
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`correct copies of articles featuring or discussing GLOCK pistols from several
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`leading handgun magazines are attached as Exhib;§' c-1-cg.
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`32. Another form of third-party publicity of GLOCK pistols has been in
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`television and movies. For example, GLOCK pistols have been featured in movie
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`productions such as INCEPTION, THE TOWN, THE FUGITIVE, DIE HARD II,
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`BAD BOYS 1], and TRUE LIES, and television, productions such as THE
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`SOPRANOS, 24, X-FILES, NYPD BLUE, cs1,
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`IUSTIFIED and LAW &
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`ORDER. Hundreds of instances of use of GLOCK pistols in film, television and
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`video games have been compiled on the Internet Movie Firearm Database available
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`at http://www.imfdb.org/wiki/Glock. Such widespread publicity has contributed to
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`GLOCK pistols being among the most recognizable pistols in the world.
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`33. GLOCK has developed valuable goodwill in the trade dress of the
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`GLOCK pistols, and the relevant public, including the public within the Northern
`
`District of Georgia, have come to know, recognize and identify the distinctive look
`
`and appearance of a pistol originating fi~om GLOCK.
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`34. As a result of extensive sales, marking and promotion by GLOCK and
`
`others, the trade dress of the GLOCK pistol has become world famous.
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`35. GLOCK has not licensed or granted to Defendants the authority,
`
`permission, or any other right to make, use, offer for sale, or sell a pistol that
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`Case 1:14-cv-005.68-AT Document 1 Filed 02/26/14 Page 12 of 47
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`copies or otherwise utilizes the trade dress of the GLOCK pistol or that resembles
`
`a GLOCK pistol.
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`§LOCK’S TRADE
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`36.
`
`In addition to its world famous trade dress, Plaintifi‘ GLOCK holds
`
`several incontestable and world famous trademarks for its GLOCK logo, including
`
`the mark
`
`“GLOCK”
`
`(Reg. No.
`
`1,691,390),
`
`and the mark “GLOCK
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`PERFECTION” (Reg. No. 2,440,268). True and correct copy of Trademark Reg.
`
`No. 1,691,390 and Reg. No. 2,440,268 are attached as Exhipit_§ D-1 - D-2.
`
`37. On February 4, 1986, Plaintiff obtained a trademark registration (Reg.
`
`No. 1,381,064) for its GLOCK logo in IC 008 for “hand-held tools, cutlery, and
`
`hand—he1d weapons, particularly spades, knives and bayoncts,” and IC 013 for '
`
`“ammunition and bullets, explosives, fireworks, and hand—grcnades.” A true and
`
`correct copy of Trademark Reg. No. 1,3 81,064 is attached as Exhigit D—3.
`
`38. On October 1}, 2011, Plaintiff obtained a trademark registration (Reg.
`
`No. 4,03 8,822) for its GLOCK logo in IC 013 for “airsoft guns.” A true and correct
`
`copy of Trademark Reg. No. 4,038,822 is attached as
`
`39. On September 11, 2012, Plainfifi obtained a trademark registration
`(Reg. No. 4,204,831), “Gen 4” in 10 013 for “firearms.” A true and correct copy of
`
`Trademark Reg. No. 4,204,83lis attached as Exhibit D-5.
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`40.
`
`The trademarks for the GLOCK logo as well as for “Gen 4,” are
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`inherently distinctive, have achieved secondary meaning and enjoy global fame.
`
`41. GLOCK has not licensed or granted to Defendants the authority,
`
`permission, or any other right to make, use, offer for sale, or sell a pistol that
`
`copies or otherwise utilizes the GLOCK’s trademarks.
`
`GLQCICS ‘677 PATENT
`
`42.
`
`Separate and apart from GLOCK’s world famous trade dress and
`
`trademarks, Gaston Glock is also recognized as an innovator in the field of firearm
`
`accessories, and has invented several patents for firearm accessories,
`
`including
`
`baekstrap assemblies.
`
`43. On April 17, 2012, United States Patent No. 8,156,677 (“‘677 Patent”
`
`or “patent-in-suit”) was duly issued to Plaintiff by the USPTO for ASSEMBLIES
`
`AND FIREARMS INCORPORATING SUCH ASSEMBLIES after a full and fair
`
`examination for backstrap assemblies and firearms incorporating such assemblies
`
`to provide a wide range of solid grips for fireanns, which was filed on April 15,
`
`2010. A true and correct copy of ‘677 Patent is attached as Exhm; E.
`
`44.
`
`The ‘677 Patent enables marksman to selectively mount and elongate
`
`removable backstrap to a grip of the firearm to effectively increase the size of the
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`grip-
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`Case 1:14~cv—00568-AT Document 1 Filed 02I26l14 Page 14 of 47
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`45.
`
`The ‘677 Patent uses a trigger housing pin to secure the backstrap to
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`the trigger mechanism housing and the receiver ofthe firearm.
`
`46.
`
`Plaintifi‘ is and at all times relevant has been, the patentee and lawful
`
`owner ofthe ‘677 Patent and possesses all substantive rights and rights ofrecovery
`
`under the ‘677 Patent, including the right to sue for infringement and recover past
`
`damages.
`
`47.
`
`The ‘677 Patent is valid and enforceable up to its expiration on April
`
`15, 2030.
`
`48. GLOCK has not licensed or granted to Defendants Airsplat Corporate
`
`Entities the authority, permission, or any other right to make, use, offer for sale, or
`
`sell a pistol that copies or otherwise utilizes the ‘677 Patent.
`
`49.
`
`The backstrap assembly that is the subject of the ‘677 Patent is a
`
`firearm accessory, and is
`
`separate and apart
`
`from GLOCK’s trade dress
`
`registrations described herein.
`
`DEFENDANTS’ ACTIVITIES
`
`50. Defendants Airsplat Corporate Entities claim to be the “Nation’s
`
`Largest Airsofi Retailer” and own and operate an Internet retail store for airsoft
`
`guns at mmgygggflz, through which they market and sell various airsofl; guns
`
`and related products throughout the United States, including in this judicial district.
`
`ttsosmvt
`
`14
`
`
`
`Case 1:14-cv—0056B-AT Document 1 Filed 02/26/14 Page 15 of 47
`
`DEFENDANTS’ LEAUTHORIZED A32 gflrclzusnn USE on
`G ggrgg 134312: nggss
`
`51. Airsoft guns fire non-metallic pellets for use in simulated combat and
`
`similar recreational sport. They are subject to federal regulation as “look-alike
`
`firearms” pursuant to 15 C.F.R. Part 1150, as well as to regulation by many states
`
`and municipalities.
`
`52. Among the airsofi guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 17 (“GLOCK 17
`
`Replicas”), including the following airsoft guns shown on Exhigg’ ‘K-1: (1) WE
`
`G17 Airsofi Gas Blowbaok Gun Tan; (2) WE G17 Airsofi Gas Blowback Gun
`
`Pistol; (3) WinGun 104 G17 Gas Airsofi Gun Pistol; (4) HFC G17 Spring Airsofl
`
`Gun Pistol; (5) HFC G17 Black/Silver Spring Airsolt Gun; (6) HFC G17 Gas
`
`Blowback Airsott Gun Pistol; (7) KSC G17 Gas Airsofi Blowback Gun Pistol OD;
`
`(8) UHC G17 Spring Airsoft Pistol Black; (9) Army G17 Meister METAL Gas
`
`Airsoft Gun; (10) KWA ATP Airsoft Gas Blowback Gun Pistol; (11) KWA ATP
`
`Full Auto Gas Blowback Pistol; and (I2) KWC G17 Airsofi Gas Blowback Gun
`
`Pistol.
`
`53. Among the airsoit guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 17L (“GLOCK 17L
`
`Replicas”), including the following aizsofl guns shown on : (1) HFC
`
`1 lsossszvi
`
`1 5
`
`
`
`Case 1:14-cv-00568-AT Document 1 Filed 0226114 Page 16 of 47
`
`G17L G34 Spring Airsoft Gun BS; and (2) HFC G17L G34 Spring Airsofi Gun
`
`Black.
`
`54. Among the airsofi guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCKL Model 18 (“GLOCK 18
`
`Replicas”), including the following airsofl guns shown on Exhibit §—§: (1) CYMA
`
`G180 Airsoit Spring Gun Pistol ZM17; (2) WE G18C Auto Airsott Gas Blowback
`
`Gun; (3) WE G18C Airsofi Gas Blowback Gun Tan; (4) Eohol Timberwolf
`
`Ah-soft Gas GBB Gun Tan; (5)Echo1 TimbcrwolfAirsofi Gas GBB Gun BLK; (6)
`
`APS C02 Action Combat Airsoft Pistol; (7) APS ACP Custom Camo C02 Pistol
`
`Nomad; (8) APS ACP Custom Camo C02 Pistol Mandrake; (9) APS ACP Custom
`
`Camo CO2 Pistol MCam; (10) APS ACP Custom Camo C02 Pistol Highland;
`
`(11) APS ACP Custom Camo CO2 Pistol ATC FG; (12) APS ACP Custom Camo
`
`CO2 Pistol ATC TN; and (13) APS ACP Custom Camo CO2 Pistol Typhon.
`
`55. Among the airsofl guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 19 (“GLOCK 19
`
`Replicas”), including the: following airsofl guns shown on : (1) KSC
`
`G19 Gas Airsoft Blowback Gun Pistol; (2) WE G19 Ainsofi Gas Blowback Gun
`
`Pistol; (3) WE G19 Airsofi Gas Blowbaok Gun Tan; (4) Echo] Tunbérwolf Airsofi
`
`Gas GBB Gun Tan; (5) Echol Timberwolf Airsofl Gas GBB Gun BLK; (6) APS
`
`ll806982vl
`
`16
`
`
`
`Case 1:14-cv-00568-AT Document 1 Fiied 02/261314 Page 17 of 47
`
`CO2 Action Combat Airsofi Pistol; (7) APS ACP Custom Camo C02 Pistol
`
`Nomad; (8) APS ACP Custom Camo CO2 Pistol Mandrake; (9) APS ACP Custom
`
`Camo CO2 Pistol MCam; (10) APS ACP Custom Camo CO2 Pistol Highland; (11)
`
`APS ACP Custom Camo C02 Pistol ATC FG; (12) APS ACP Custom Camo CO2
`
`Pistol ATC TN; and (.13) APS ACP Custom Camo coz Pistol Typhon.
`
`56. Among the airsofl guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 23 (“GLOCK 23
`
`Replicas”), including the following airsoft guns shown on Exhibit F-5: (1) KJW
`
`G23 METAL Gas Aitsofi Gun Pistol OD; (2) KSC/KWA ATP G23F Full Auto
`
`Gas Airsofi Blowback; (3) KJW G23 METAL Gas Blowback Airsofi Gun; (4)
`
`KJW G230 METAL Gas Airsofc Gun GBB QD; (5) KJW G230 METAL Gas
`
`Blowback Airsoft Gun; (6) WE G23C Airsofi Gas Blowback Gun Tan; and (7) WE
`
`G23C Airsofi Gas Blowback Gun Black.
`
`57. Among the airsoft guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 26 (“GLOCK 26
`
`Replicas”), including the following airsoft guns shown on Exhibit F-6: (1) CYMA
`
`Boy G26 Spring Airsofl Gun Pistol; (2) I-IFC G26 Spring Airsoft Gun Pistol Black;
`
`(3) HFC G26 Spring Ajrsoft Gun Pistol Silver; (4) HFC G26 METAL Airsoft Gas
`
`l I 806982vl
`
`
`
`Case 1:14-cv-00568-AT Document 1 Filed 02126114 Page 18 of 47
`
`BB Gun Pistol; (5) KSC G26C Full Auto Metal Gas Gun; (6) WE G26 Airsofi Gas
`
`Blowback Gun Black; and (7) WE G26 Airsofi Gas Blowback Gim Tan.
`
`58. Among the airsofi guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies ofthe GLOCK Model 30 (“GLOCK 30 Replicas”)
`
`including the following airsofc gun shown on : CYMA P698 G30.
`
`Spxing Airsoft Gun Pistol.
`
`59. Among the airsoft guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 33 (“GLOCK 33 Replica”)
`
`including the following aixsofi guns shown on Exhibit F—8: (1) WE G33 Advance
`
`Gas Blowback Pistol Black; and (2) WE G33 Advance Gas Blowback Pistol Tan.
`
`60. Among the airsofi guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 34 (“GLOCK 34 Replicas”)
`
`including the following aixsoft guns shown on Exhibit E9: (1) WE G34 Airsofi
`
`Gas Blowback Gun Pistol; (2) HFC G171. G34 Spring Airsofc Gun BS; and (3)
`
`HFC G17L G34 Spring Airsoft Gun Black.
`
`61. Among the aixsofl guns that Defendants offer and sell are unlicensed
`
`and unauthorized replica copies of the GLOCK Model 35 (“GLOCK 35 Replicas”)
`
`including the following aixsott gun shown on : WE G35 Auto Airsofi
`
`Gas Blowback Gun.
`
`1 l306982v I
`
`
`
`Case1:14—cv—00568-AT Documentl Filed 02/26/14 Page 19 of 47 V
`
`62.
`
`Each of the GLOCK Replicas shown on Exhibit; F-1 to F-10 uses a
`
`product name that includes either G17, G17L, G18, G19, G23, G26, G30, G33,
`
`G34 or G35, which in each case corresponds to the specific model of the GLOCK
`
`pistol that is being copied.
`
`63. On their website, as shown on Exhibit Q1, Defendants state that:
`
`“Generally speaking, most of the more popular real-steel firearms has an
`Airsofi gun counterpart... Pistols such as the famed Berettas, Colts, SIGs,
`and Glocks... The list of Airsoit guns is quite sizeable, and growing with
`each passing month.”
`
`64.
`
`For several of the GLGCK Replicas shown on Exhibits F--] to F-10,
`
`AirSp1at includes product descriptions which either allude to, or expressly refer to,
`
`the world famous GLOCK pistols, including the following for the HFC G17 Spring
`
`Airsoft Gun Pistol:
`
`“The G17 is one of the most highly regarded pistols in the world. This spring
`replica captures the look and feel of the world famous pistol. The HFC G17
`is weighted to nearly match the exact weight of the actual thing. The locking
`slide will alert you when your magazine is empty, just like the real thing!"
`
`65.
`
`On their website, Defendants state: “The main concern surrounding
`
`airsoft gun safety is the realistic nature of the weapons themselves. Aiisofi guns
`
`are exact replicas of lethal firearms in both appearance and weight... [A]irsofi guns
`
`can easily be mistaken for real firearms,” as shown on Exhipit Q~2.
`
`I l806982vl
`
`
`
`Case 1:14—cv—OU56B—AT Document 1 Filed 02126114 Page 20 of 47
`
`66. Defendants offer and sell several models of airsofi guns under licenses
`
`fiom the manufacturers ofthe actual firearms which are being copied, including for
`
`example, an airsofr copy of the Colt 1911 pistol, SIG 552 Commando AEG Gun
`
`Tan and Walter P99 CO2 Blowback Pistol as shown on Exhibit Q-g, Eggjplt G-4
`
`and Exhibit G-5, but has no license fiom GLOCK to make, use, offer for sale, or
`
`sell any ofthe GLOCK Replicas.
`
`67. On their website, Defendants tout that they have supplied airsofi
`
`pistols for use in films and television shows as stand-ins for the firearms fiom
`
`which they are copied, including several of the GLOCK Replicas, as shown on
`
`Eghibit G-6.
`
`R
`
`68.
`
`On their website, as shown on Exhibit G-6, Defendants state that:
`
`“Often, people would watch movies and TV and say, "Wow, that gun is
`awesome, I'd like to get me one of those". Actually, what you may be seeing
`in those movies and TV shows, ARE, in fact, Airsofi guns. Due to their
`relatively cheap price tags and precise realism, movie studios often employ
`Airsoft guns for it's production work. They simply digitally alter the images
`to incorporate the muzzle flash, sound and effects to mimic the real
`firearms.”
`
`69. Airsplat
`
`resellers, and reviewers of Airsplat products, describe
`
`GLOCK Replicas as copies of the world famous GLOCK pistols, examples of
`
`which are attached as
`
`l l806982vl
`
`
`
`Case 1:14-cv-00568-AT Document 1 Filed 0226/14 Page 21 of 47
`
`70. On another website, as shown on Exhibit (3-8, one reviewer of the
`
`KJW G23 METAL Gas Blowback Airsoit Gtm states that: “this is the best glock i
`
`[sic] have ever shot.”
`
`71. Upon information and belief, Defmdant Wu,
`
`the Chief Executive
`
`Officer, President and Founder of the Airsplnt Corporate Entities, knew that one or
`
`more of the GLOCK. Replicas referenced herein were unlicensed and unauthorized
`
`copies of the world famous GLOCK pistols and were being marketed by the
`
`Airsplat Corporate Entities in a manner intended to cause market confusion and in
`
`violation of GLOCK’s registered trade dress and legally protected rights.
`
`72. Defendant Wu was a moving, active and conscious force behind the
`
`unlawful advertising and sales activities described herein.
`
`73. Upon information and belief, Defendant Chu, the Vice President of
`
`the AirSplat Corporate Entities, knew that one or more of the GLOCK Replicas
`
`referenced herein were unlicensed and unauthorized copies of the world famous
`
`GLOCK pistols and were being marketed by the Airsplat Corporate Entities in a
`
`manner intended to cause market confusion and in violation of GLOCK’s
`
`registered trade dress and legally protected rights.
`
`74. Defendant Chu was a moving, active and conscious force behind the
`
`unlawful advertising and’ sales activities described herein.
`
`1 i8Dli982vl
`
`21
`
`
`
`~|
`
`H
`
`Case 1:14-cv-00568-AT Document 1 Filed 02/26/14 Page 22 of 47
`
`UNLICENSED Ufifl OF
`DEFENDANTS’ UNAUTHORIZED
`GLOCK’§ TRADEMARICS
`
`75. Defendants advertise and offer for sale numerous GLOCK Replicas
`
`that utilize GLOCK’s registered trademarks.
`
`7
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