IP Law Daily, PATENT NEWS: Maker of “TALON GRIPS” Gun Grips Sues Maker of “FALCON GRIPS” for Patent Infringement, Unfair Competition, (Apr 19, 2013)

By Peter Reap, J.D., LL.M.

Talon Grips, Inc., manufacturer of “TALON GRIPS” gun grips, has filed suit in the federal district court in Denver accusing its competitor LMP/Mail Order Video, Inc., of infringing Talon’s patented gun grip. Talon asserts its United States Patent No. 8,181,378 (“the '378 Patent”), entitled “Wraparound Gun Grip,” as invented by Derik Losinger.

According to the complaint, the defendant LMP/Mail Order, referred to throughout the pleading as GlockStore, is operated by its principal, Lenny Magill. Magill placed multiple orders with Talon for a variety of “TALON GRIPS” throughout 2011 and began reselling those grips through its online store at www.glockstore.com, as well as in its catalogue.

In 2012, GlockStore introduced its own line of wraparound gun grips called “FALCON GRIPS.” GlockStore used the “TALON GRIPS” that it purchased from Talon as a pattern for its “FALCON GRIPS,” the complaint alleges. Indeed, Talon contends that “FALCON GRIPS” are identical to the “TALON GRIPS” with the exception that the “T” cut-out in the grips is not present in GlockStore’s “FALCON GRIPS” product.

Moreover, by GlockStore’s adoption and use of the “FALCON GRIPS” mark, it sought to trade upon the goodwill of the “TALON GRIPS” mark based upon the close association of “TALON” and “FALCON,” Talon alleges. As evidence of the “slavish copying” by GlockStore, GlockStore initially used the identical product number that Talon initially used to identify its “TALON GRIPS” product with the same item number in GlockStore’s online store, according to Talon.

When Talon’s attorney contacted GlockStore about the alleged infringement, “Lenny Magill stated that he didn’t care about the rights that Derek Losinger had in his '378 Patent and defiantly challenged Derik Losinger by saying ‘If you don’t like it, then sue me.’”

Talon brings claims for patent infringement, willful infringement, unfair competition, and attorney fees. It seeks damages, injunctive relief, and a declaration that the case is “exceptional” under the Lanham Act.

The complaint in Talon Grips, Inc. v. LMP/Mail Order Video, Inc., Docket No. 1:13-cv-01014, was filed April 18, 2013.

Attorneys: Richard L. Schwartz (Whitaker Chalk Swindle & Schwartz PLLC) for Talon Grips, Inc.

Companies: Talon Grips, Inc.; LMP/Mail Order Video, Inc.

News: Patent Trademark ColoradoNews