Re: Watch out Ar 308 makers and smiths
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Graham</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: A10XRIFLE</div><div class="ubbcode-body">Interesting Reading, Who knows the answer to this ?
Which rifle came first the AR-15 or the AR-10?????? </div></div>If memory serves, the AR10 came first. But that doesn't matter with regard to trademark.
One can trademark anything, the number ten or even a color. But almost all trademark infringement lawsuits boil down to whether or not the challenged name is causing substantial confusion in the marketplace. The issue is whether people are confusing a GAP-10 with an Armalite product (which is doubtful).
I would even argue that an 'AR10' is indicative of a style of rifle more than it indicates an Armalite product. And the more Armalite wants to argue that the number '10' is trademarked for all black rifles the more it proves that the moniker '10' is indicative of a style of rifle and not the Armalite brand. Because when I say I have a '.45' I am not infringing on Colt.
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Except for the fact that the 10 is the model and AR is the brand Armalite.
One more time
http://www.armalite.com/images/Library/History.pdf
The Ar-1 was made in 1952
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">AR-1 Parasniper, a lightweight bolt action rifle started in 1952</div></div>
Ar10 in 1955
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">The AR-10 became the main focus of attention beginning in 1955. At that time the Army
was considering the Springfield Armory T-44 (an updated Garand) and the T-48 (a
version of the FN FAL) as replacements for the M1 Garand. ArmaLite hoped to present a
rifle capable of displacing both models.</div></div>
However
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Despite the background
Army interest in a smaller caliber rifle, ArmaLite licensed the
designs and trademarks of the AR-10 and AR- 15 to Colt’s in
January 1959.</div></div>
I'm sure this contract has expired since colt is now making the SP901s (not AR10s) and Armalite is again making AR10s
Anyway, its worth a read. Its a PDF straight from Armalite and it talks about all the AR weapons they have made. From shotguns (AR-17) to their sniper (AR-50)
There is something in patent law that says you can't patent something in common usage and I think this may be the case in regards to the term AR and that's why Armalite is not all over mfgers for calling their guns ar15s.