GLOCK, INC. PREVAILS AFTER SIX AND A HALF YEARS IN A LAWSUIT
AGAINST INFRINGER, THE WUSTER, D/B/A AIRSPLAT.COM
SMYRNA, Ga. – September 16th, 2020 On Tuesday, September 15, 2020, a Federal Judge for The United States District Court, Northern District of Georgia, Atlanta Division, issued a decision in the case of GLOCK, INC. v. THE WUSTER INC., d/b/a AIRSPLAT.COM, Civil Action No. 1:14-cv-00568. The Defendant operated AirSplat retail locations and an Internet retail store at AirSplat.com that sold airsoft guns and related products. The Court’s decision yesterday ended a six and a half year lawsuit between the parties in favor of GLOCK.
In February of 2014, GLOCK filed a multi-count complaint against the Defendant for trademark infringement, trade dress infringement, and related claims under federal and state law.
The Defendant imported Glock Replicas, marketed, advertised for sale, and did sell the Glock Replicas using GLOCK’s trade dress and trademarks. The Court found that the Defendant “intended to, and did, create actual market confusion in the minds of the consumers as to whether they were genuine or licensed GLOCK products, in violation of Glock’s registered trade dress and legally protected rights.”
The Court found the Defendant liable to GLOCK for the following:
• Infringement of GLOCK’s registered trademarks and trade dress in violation of the Federal Lanham Act;
• Unfair competition in violation of Georgia statutory and common law; and
• Unjust enrichment in violation of George common law.
The Court awarded monetary damages to GLOCK totaling $ 2,253,078.28, consisting of:
• Disgorgement of the Defendant’s profits realized from selling infringing Glock Replicas;
• Pre-Judgement interest; and
• Attorneys’ fees, costs, and expenses.
The Court also awarded a Permanent Injunction to GLOCK prohibiting Defendant and various other persons from selling GLOCK replica pistols in the future or otherwise infringing GLOCK’s trademarks or trade dress.
“This is a resounding victory for GLOCK against a seller of replica airsoft products,” said Carlos Guevara, Vice President and General Counsel of GLOCK, Inc. “This ruling puts potential infringers like Airsplat on notice that GLOCK will vigorously prosecute its intellectual property rights against those who would infringe.”
The court’s Order and separate Judgement can be found here. For further information, please contact Carlos Guevara, VP – General Counsel at: carlos.guevara@glock.us
About GLOCK, Inc.
GLOCK is a leading global manufacturer of firearms. The simple, safe design of GLOCK’s polymer-based pistols revolutionized the firearms industry and made GLOCK pistols a favorite of military and law enforcement agencies worldwide and among pistol owners. In 2020, GLOCK celebrates its 34th Anniversary in the United States. Renowned for featuring three safeties, GLOCK pistols offer users of every lifestyle confidence they can rely on. GLOCK, Inc. is based in Smyrna, Georgia. For more information, please visit us.glock.com.
About GSSF
The GLOCK Sport Shooting Foundation is a safe, fun, family-oriented organization devoted to the responsible use of GLOCK firearms and encouraging participation in the shooting sports. Competitions, across the United States provide opportunities for shooters of all skill levels and experience to compete together in simple, but challenging courses of fire. Founded in 1991, GSSF has grown to include over 100,000 members and now organizes more than 50 outdoor and over 300 indoor shooting matches each year. For more information, visit http://www.gssfonline.com.
FOG HORN 