FN Herstal S.A. and its subsidiary, FN America LLC, have taken legal action against Sturm, Ruger & Co., Inc., accusing the firearm manufacturer of trademark infringement and unfair competition. Filed in the United States District Court for the Middle District of North Carolina, the lawsuit centers on Ruger’s alleged unauthorized use of a trademark that closely mirrors FN’s registered “SCAR” mark.
The complaint outlines FN’s long-standing history as a distinguished firearms and weapons manufacturer dating back to 1889, emphasizing its innovation and the worldwide distribution of its products. FN specifically highlights the “SCAR” trademark, under which it manufactures, distributes, and sells firearms and related items. The “SCAR” trademark, registered and recognized internationally, has been extensively promoted and associated with FN’s high-quality firearms, used by military, law enforcement, and civilian customers alike.
FN accuses Ruger of using a mark – “SFAR” – that is pronounced similarly to “SCAR” and used in connection with directly competing firearms. FN alleges that this action by Ruger is likely to cause confusion among consumers, leading them to believe there is some affiliation or association between Ruger’s products and FN’s “SCAR” branded firearms. The complaint details Ruger’s alleged intentional violations, including marketing efforts that leverage the “SFAR” mark without reference to Ruger, potentially trading upon FN’s established goodwill.
The lawsuit seeks a permanent injunction against Ruger to prevent further use of the “SFAR” mark or any variations that could cause confusion with FN’s “SCAR” mark. Additionally, FN demands Ruger to destroy all materials bearing the infringing mark and seeks disgorgement of profits obtained through the alleged unlawful activities, alongside actual, consequential, and treble damages.
This legal battle underscores the critical importance of trademark rights and the potential consequences of infringement within the highly competitive firearms industry. As the case progresses, it will serve as a notable example of how established trademarks are protected and the measures companies will take to safeguard their intellectual property against perceived violations.
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