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Old August 12, 2012, 02:36 PM   #26
Nickel Plated
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Then again look at the issue of Glock and KWA (an airsoft manufacturer) KWA is a sort of OEM manufacturer for a company called KSC. They basically take KSC designs (manufactured in Japan I believe) and manufacture them under license in Taiwan with stronger reinforced parts for the US market.

Anyway KWA made pretty perfect 1:1 replicas of various Glock models (17,18,19,26,34, and a select fire version of the 19, and 26) Since KWA mostly markets it's products in the USA, Glock told them to basically stop (I'm not sure if it ever went to court) SO what KWA did was develop the ATP. Internally it is still a KWA Glock, all internal part are interchangeable. All they did is make the slide and frame a bit more ergonomic and less blocky. Apparently that's good enough for Glock since they left KWA alone.

Here's the ATP for anyone who wants to see it: http://kwausa.com/products/ptp/atp/

So honestly I'm not seeing how suddenly the Maxsell replica is a problem since it's basically the same as the KWA ATP. A Glock with some ergonomic and aesthetic changes so it doesn't look too much like a Glock. So if Glock is fine with the ATP, I don't see how they can suddenly complain about it now that Maxsell is doing the same thing.
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Old August 12, 2012, 02:52 PM   #27
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The ATP you linked to looks more like a hybrid of an HK and a couple Turkish guns than a Glock...

... AND you just reinforced the argument about not allowing precedents to be set.
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Old August 12, 2012, 02:53 PM   #28
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Unfortunately perhaps, the realities of intellectual property law are such that an owner of trademark/service mark/trade dress rights must zealously and diligently protect those rights or risk losing them. That's how many trademarks, like Aspirin and Kleenex, which once meant a specific product from a specific manufacturer, became generic terms for acetylsalicylic acid and facial tissue.
While the point is valid, particularly for aspirin(As there are other brands that use the word aspirin in their names for the same drug). I think it is important to distinguish between inadvertent genericization from the public and intentional infringements by a company. Other examples being, to xerox, velcro, jell-o, googling, qtips. etc. These were all brought about inadvertently by the public as a matter of those products or companies being the first or most recognized producers of that class of goods. Rather than companies intentionally infringing on IP.

Last edited by sigcurious; August 12, 2012 at 10:02 PM. Reason: spelling
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Old August 12, 2012, 09:23 PM   #29
Frank Ettin
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Originally Posted by sigcurious
While the point is valid, particularly for aspirin(As there are other brands that use the worth aspirin in their names for the same drug)....
Which those companies can do only because Bayer is no longer able to protect its trademark in "Aspirin."

Quote:
Originally Posted by sigcurious
...Other examples being, to xerox, velcro, jell-o, googling, qtips. etc. These were all brought about inadvertently by the public as a matter of those products or companies being the first or most recognized producers of that class of goods. Rather than companies intentionally infringing on IP.
It can be very much a "chicken-or-egg" matter: one reason that trademark litigation can be so complex and expensive; and a reason that owners of trademark who want to protect them are so aggressive about litigating infringements.
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Old August 12, 2012, 11:01 PM   #30
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Originally Posted by Frank Ettin
It can be very much a "chicken-or-egg" matter: one reason that trademark litigation can be so complex and expensive; and a reason that owners of trademark who want to protect them are so aggressive about litigating infringements.
^^^ This.

Ever sit down in a restaurant that serves Pepsi products and ask for a "Diet Coke"? At least in this corner of the universe, the waitperson is always VERY careful to say, "We don't have Coca Cola here, is a Diet Pepsi okay?"

And generally it is okay. Who cares, cola is cola, right? But I asked once, MANY years ago, why a waitress was so careful to point out that I'd be getting a Diet Pepsi rather than a Diet Coke. She explained that Coca Cola has mystery shoppers who do nothing other than seek out restaurants who serve Pepsi products and don't make that clear if a customer orders a "Coke."

That was many years ago, and I don't know if the explanation was true even then but it made sense. And I noticed just yesterday that a waitress carefully pointed out when my wife asked for a Diet Coke that "We don't have Diet Coke, is Diet Pepsi okay?" Coca Cola has to do that, otherwise "Coke" will become a generic description, just as happened with Kleenex and Xerox.
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Old August 13, 2012, 12:29 AM   #31
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Aguila Blanca .......Ever sit down in a restaurant that serves Pepsi products and ask for a "Diet Coke"? At least in this corner of the universe, the waitperson is always VERY careful to say, "We don't have Coca Cola here, is a Diet Pepsi okay?"

And generally it is okay. Who cares, cola is cola, right? But I asked once, MANY years ago, why a waitress was so careful to point out that I'd be getting a Diet Pepsi rather than a Diet Coke. She explained that Coca Cola has mystery shoppers who do nothing other than seek out restaurants who serve Pepsi products and don't make that clear if a customer orders a "Coke."
It's less likely fear of "mystery shoppers" and more likely customers like me that can tell the difference........Coke is the real thing, Pepsi is for Yankees.
(Don't put a Pepsi in front of me.)


Quote:
That was many years ago, and I don't know if the explanation was true even then but it made sense. And I noticed just yesterday that a waitress carefully pointed out when my wife asked for a Diet Coke that "We don't have Diet Coke, is Diet Pepsi okay?" Coca Cola has to do that, otherwise "Coke" will become a generic description, just as happened with Kleenex and Xerox.
"Coke" has been a generic term for a carbonated soft drink in the South for decades..........typically it goes something like this:
Waitress: What you want to drink, hon?
Customer: I'll have a coke.
Waitress: What kind?
Customer:mmmmm.....Dr. Pepper

Sadly, in the larger metropolitan areas the influx of carpetbaggers has lessend the likelyhood of the conversation above.

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Old August 13, 2012, 12:36 AM   #32
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That very conversation confused me a lot when I first moved to TN as a kid.
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Old August 13, 2012, 12:51 AM   #33
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"Coke" has been a generic term for a carbonated soft drink in the South for decades..........typically it goes something like this:
Waitress: What you want to drink, hon?
Customer: I'll have a coke.
Waitress: What kind?
Customer:mmmmm.....Dr. Pepper
LoL, that drove my wife nuts when she first came here (She's from England).

When I asked for a pop, it drove her even more nuts.
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Old August 13, 2012, 12:54 AM   #34
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"Coke" has been a generic term for a carbonated soft drink in the South for decades.
Here in Georgia, I frequently hear "Cokeola." I grew up calling it soda.

Nuts to all of that. RC Cola FTW
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Old August 13, 2012, 01:13 AM   #35
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MAN... I will be derned... they pegged my county correct... Note the one single yellow county in the florida panhandle... That would be Walton county... And I live in it... Ask for a Coke and you get "the real thing"... Ask for a soda and they will ask what kind or tell you what they sell...

Ask for a pop and they will possibly roll their eyes as they think to themself... Dang yankee...

Ask for an iced tea and it will be sweet unless specified "unsweet"...

Brent
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Old August 13, 2012, 01:16 AM   #36
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Tom... In the cokeola word did you mean pronounced as "co-cola"... I am used to that'n well...

Brent
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Old August 13, 2012, 07:39 AM   #37
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When I was a kid, my Sicilian grandparents in Massachusetts (and their siblings and friends) all called it "tonic.". I haven't heard that outside of eastern MA.
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Old August 13, 2012, 07:59 AM   #38
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I am dissappointed in the soft drink survey. Why were sody water and belly washer not included? We get chuckles about the various generic names for products, especially in the south and moreso in Texas where I live.

Back tothe original topic, I'll just use this as another reason I don't like Glock. I am not sure about right or wrong on the issue, I just don't like Glock.
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Old August 13, 2012, 12:02 PM   #39
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"the real thing", Glock vs S&W....

I don't know how this topic turned into soda-pops we all know & love but to get back to the MAIN subject, I recall Glock and Smith & Wesson having a huge legal dispute over the S&W SIGMA pistols in the early-mid 1990s.
Glock had a big share of the duty pistol & armed defense market with their "state of the art" wonder-gun and wasn't very happy when S&W jumped into the polymer pistol arena.

I agree with big firms or major corporations that sue/take legal action against smaller firms. These companies rip off & mislead the general public, then cry or whine when they get caught.
Years ago, I saw a print ad for a used-low end furniture store chain with Cindy Crawfords photo. Did she or her lawyers allow the ad? Was she paid for it? Wouldnt she have a conflict with Rooms To Go(a large business she DOES do ads for)?
That's just an example.

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PS: I'm always fond of Vernors(a MI area staple) & Cheerwine(a cherry flavored soft drink sold in the mid-south).
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Old August 13, 2012, 01:14 PM   #40
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cream sodas are nice....my dad worked and retired with "Coca-Cola Foods) I believe the minutemaid OrangeJuice dept is coke....things remembered from growing up were 'new coke' was a mistake. coca cola is dominating the entire globe...more soda from their corporation travels more than anywhere else so pepsi is beat hands down. only a few countries don't sell coke for political reasons
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Old August 14, 2012, 08:44 AM   #41
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Minute Maid...

Yes, Minute Maid is a Coca Cola brand.
If you look on the label, you'll see what company owns or licenses the drink.

Pepsi & Pepsi products are very popular.
I think most bars-food service businesses use Pepsi because it's cheaper than Coke soft drinks in volume.
I'm not a restaurant owner or food service expert, but that's my input.

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Old August 14, 2012, 09:19 AM   #42
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Thread is off course.
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