I have a question for you other Gunsmiths. I have made many different muzzle brakes over the years. I recently was confronted by a fellow gunsmith who stamps a trademark name on his brake. I dont know if it is registered or not. He is not happy because I have made and installed one similar to his. I do not mark a name on mine. I have seen many brakes that I have purchased for installation that have no markings at all. Many of which have the same dimensions. What are all of your thoughts on this subject of duplicating someones brake style as long as it isnt stamped as the original makers name. I guess I mean is a person supposed to come up with your own unique design in order to make and install it?

is there something innovative about his? most of them accomplish the same thang, namely excessive noise and muzzle blast . if he hasn't patented it, he can't claim it. while he could ask you not to make one the same, you have no obligation not to.

there are many things like that in the gun trade, sling studs, safeties, sights. unless he's your buddy I wouldn't sweat it. sounds like he's uptight.

on a side note , since you've done a bunch and switch it up, here is a design that was on a rifle I bought (it has of course been cut off) and was quite affective but I haven't seen on other rifles. it had about 6 slots on each side, about 3/32" in width, seperated by the same amount. if you looked down on it from the top they would be about a third of the diameter deep. does that make sense?

patented or copyrighted? if neither, he's just being, well, overly "protective" of something that isn't his. trademark is the NAME, not the design ...

This is such a "tetchy" issue. Does a name mean you own the alphabet? AT SMP, we went out of our way to make the design as different from the competition as possible, while still retaining the function of an inside the bow release that has been around over 100 years.

Still had the smelly brown stuff hit the fan!
Maybe you can work together instead of at each others throat? Didn't work for us, but there's always the possibility.

Again, I can't imagine a muzzle brake so unique as to be awarded a patent....but if I was smart, I wouldn't be in this business!

Again The said Gunsmith used the term Trademark. He very seldom Gunsmiths any more as he took up a different career. He originally bought all of the tooling from a retired gunsmith who also made the brake design. He offered to sell me the "trademark", but why would I want to buy when I can make about anything out there. By the way I researched the TM and came up with nothing.
The design is .750 dia. 2" long, 3, 3/8ths horizontal holes, and 3, 1/4in holes on top, nothing on the bottom. Taper after installed to match barrel diameter. Pretty simple design. I wrote a reply to his letter and stated I would not make one anymore If it is that big of deal.

You're too nice, trademarks are just trademarks, you could even stamp your own name on it and not get into trouble. sounds like this guy is a prick. make the whole 1/32" off his in diameter, tell him it isn't the same thing and to shove it.

I can't believe some people.

Red

Former patent searcher here (1982). A patent can only be infringed upon if your design draws materially from his. If he has not gone through the process of actually hiring an attorney and having that attorney's searchers go through the stacks and find every instance of a design for a muzzle brake, had his patent drawn up and had it registered with the United States Patent Office In Crystal City, VA (where I worked), he does not have a patent on anything.

A patent for a simple device like a brake cost about $3,500 back then. It gives the designer rights on the design for seventeen years, unless he comes along and demonstrates a marked improvement in the design. He must submit dimensioned mechanical drawings and a working example. Maybe two-- I don't remember.

Once the design and examples are submitted, the examiners evaluate the design and test the samples. If it is deemed to be a design that does what it says and is materially different in design and function from any others out there, the attorney gets the word to write the patent.

A patent is an extremely accurate description of a product's parts, assembly, design and function, and what the user will realize when he implements the item. It is so descriptive and accurate so your design can be shown in court to be materially different from anyone who sues you for patent infringement.

If this guy has not jumped through the numerous hoops of fire and done all this, he has nothing. I suspect his name is on what he produces so if anyone wants one, they know who to go see about it.

I have Shrewd muzzle brakes on five or six of my guns. There is no brandname on them when I get them, and I have them turned down to fit the muzzle diameter. If there was a brand on them it would get machined off, so who's to say whose brake it is after installation?

I'd just go ahead and make yours. Let him sue you. It will cost him money. My bet is he's got nothing...

Kinda like the 375 JDJ vs the 375x444. for all practical purposes the same thing with a couple of degrees different shoulder angle.

This is realy simple. If your not using his stamp on your brakes then your not using his trademark.

If he is actually talking about patents, ask to see his patent paperwork. And there really has not been much new since the the 19302

I wouldn't be pushed around by some old bully who can't even make it in the busines. A lot of guys will bluff big time when they have nothing.

Having just purchased three current existing registered Trademarks, I can tell you a few things.

There are two types of Trademarks, registered and not. A Trademark has to do with the name and or logo, they are also listed under a specfic type of item.

Mine is listed under Magazine for firearms, as an example.

Also if he did not keep up on the registered Trademark it could have expired, and then it is up for grabs.

You can do a online search for Trademarks as well. Be prepared for some computer time.

But he will have to be the one who hires the lawyer to go after you.

Patents are a whole differnet world.

James Wisner

I had another thought.

Trademarks can be registered in only that State level as well, this has nothing to do with the National level that we normally think of.

I ran into this in 1986 when the business name I was trying to register was the same as a existing business. So I had to change ny busniess name enough so as not to conflict at the State Level.

This could be the case, as none of these State registered Trademarks will show up on the National level.

Another issue is if the first gunsmith never transfered the Trademark over to the Buyer then the Buyer, could be SOL, if the first one is deceased, unless the buyer can find the POA for the first gunsmith, to have the paper work done to record it.

James Wisner