Smith & Wesson files Lawsuit against Cybergun, S.A.

Arizona based firearms manufacturer, Smith & Wesson has, on 17th June 2010 in the District of Arizona, filed a lawsuit against French airsoft retailer Cybergun, S.A., alleging Trademark Infringement, and Federal Unfair Competition related damages.

Smith & Wesson entered into a license agreement with Cybergun in 2005, giving Cybergun exclusive rights to use Smith & Wesson ‘Marks’ on licensed articles which included Airsoft guns, targets and ammunition, i.e. BBs. This license also extended to advertising and promotional material but express permission and approval had to be obtained from S&W for Cybergun to authorize third parties to use S&W ‘Marks’ in their promotional material.

ffirb3r5kfjaaxjxIn February 2009, Smith and Wesson allegedly notified Cybergun SA that third party retailer Palco Sports, a distributer for licensed Cybergun products, was allegedly using and displaying Smith & Wesson ‘Marks’ in it’s 2009 catalogue without express permission and approval from Smith & Wesson and that subsequently, Cybergun was in breach of their license agreement.

Subsequently, Cybergun allegedly permitted Palco Sports to once again use Smith & Wesson ‘Marks’ in the Palco Sports 2010 Sports Calender without prior written approval of Smith & Wesson and were notified of the breach on 31st March 2010. As a result of the failure of Cybergun to cure the numerous breaches, Smith & Wesson terminated the License agreement and all related provisions of the licence.

Despite the termination of the licence, Cybergun allegedly has continued to advertise and use the Marks with the Licensed Articles, and continues to sell those goods in violation of the License and in violation of federal trademark rights.

Subsequently, Smith & Wesson is suing for six counts including Federal Trademark Infringement, Federal Unfair Competition, Federal Dilution and Breach of Contract.

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13 Responses to “Smith & Wesson files Lawsuit against Cybergun, S.A.”

  1. [...] Information traduite de nos confrères Everything Airsoft. [...]

  2. [...] CQB favourite with a S&W M&P15/Vltor MUR-1 Troy receiver with licensed S&W markings (for how long is debatable), Troy front and rear Folding Battle Sights, Magpul PTS CTR stock. King Arms also [...]

  3. John Steele says:

    Everything Airsoft has failed to show both sides of the story regarding Cybergun and Smith & wesson. I wonder why. Cybergun has filed a Counterclain against Smith & Wesson citing tortious interference in Cyberguns business, unlawful termination, and potential losses in excess of $10Million. The Countersuit is filed, and served, and is part of the public record in Federal Court in AZ. If Everything Airsoft is really unbiast in its reporting– perhaps a story about the Counterclaim and Countersuit is called for here.

    • DaveEdo says:

      Smith and Wesson gave the trade rights to Cybergun to be used by Cybergun only. Cybergun owns Palco and decided to let Palco use the Smith trades which goes against the deal made with Smith. Cyber is guilty!

  4. [...] CQB favourite with a S&W M&P15/Vltor MUR-1 Troy receiver with licensed S&W markings (for how long is debatable), Troy front and rear Folding Battle Sights, Magpul PTS CTR stock. King Arms also [...]

  5. [...] Everything Airsoft has already dug into the court documents filed by S&W, which they say: In February 2009, Smith and Wesson allegedly notified Cybergun SA that third party retailer Palco Sports, a distributor for licensed Cybergun products, was allegedly using and displaying Smith & Wesson ‘Marks’ in it’s 2009 catalogue without express permission and approval from Smith & Wesson and that subsequently, Cybergun was in breach of their license agreement. [...]

  6. [...] — Smith & Wesson files Lawsuit against Cybergun, S.A. [...]

  7. [...] file by and also against the French based global airsoft distributor. Last year, Cybergun faced a lawsuit launched by Smith & Wesson over Trademark Infringement, and Federal Unfair [...]

  8. Interesting that someone this disreputable would point the finger at someone else…that’s why I gave TROY, the ATK RIPR and many others to JAG. If David En ever did anything deliberate like this bold face copyright infringement by Cybergun, I would know. Regards the entry below, it is a common tactic to counter-sue when you are guilty or have no leg to stand on legally as a distraction. Because the sky is blue seems to be reason enough…wonder if the Judge who granted the TRO is familiar with the applicant’s history? Hope they have the cash to pay JAG, because I know a good collection agency who will disassemble them piece by piece if not. -HK

    • DaveEdo says:

      @Howard Kent CEO ADG LLC

      I also like the misspelled words used by John Steele. Shouldn’t John a President/CEO or whatever he is have a better grasp of basic english spelling?

  9. DaveEdo says:

    It’s nice to hear that Cybergun is being held accountable for their devious tactics. Usually they are suing somebody.

  10. John Steele says:

    Thats it Dave– my spelling?? How childish– really.

    The suit and countersuit with Smith & Wesson was settled by both parties, and Cybergun retains the license. Regarding the suit against Jag, and the injunction agains them for selling counterfeit FN merchandise, our suit was upheld against Jag, and the Court has agreed that we have the right to stop them from selling illegal merchandise. So Howard, I guess you really know NOTHING.

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