FNH Contends Ruger’s SFAR Violates SCAR Trademark

FN Herstal SA and FN America LLC filed a trademark lawsuit against Sturm, Ruger and Company yesterday in US District Court for the Middle District of North Carolina. They are contending that Ruger’s SFAR™ (Small Frame Automatic Rifle) violates their trademark for the FN SCAR® family of rifles and associated products. SCAR® stands for Special Operations Forces Combat/Capable Assault Rifle.

FN asserts that consumers will confuse the Ruger SFAR with their SCAR as they “are very similar or nearly identical in size, purpose, weight, feel, color, caliber, capacity, features, and even style to the firearms marketed and sold by FN for nearly fifteen (15) years under the SCAR Mark.” Moreover, they allege that since Ruger didn’t put “Ruger” in front of “SFAR” in their advertising nor put hypens between the letters it will pronounced as one word similar to that of the FN SCAR®.

As part of their complaint, they post pictures of Ruger’s SFAR™ and FN’s SCAR® as to how they are very similar in look and feel. On this, I have to disagree with the lawyers from FN. The Ruger product look very much the same as any other AR-10/AR-15 while the FN product have a much different and distinctive look about it. While FN argues that consumers will a) confuse the two products and b) think that the “SFAR” is endorsed or sponsored by FN.

FN’s complaint alleges four causes of action against Ruger. They include infringement of Federally-registered trademarks, unfair competition under the Lanham Act, violation of North Carolina’s Unfair and Deceptive Trade Practices Act, and trademark infringement under NC common law. FN seeks a permanent injunction against the use of “SFAR”, the destruction of all materials including firearms within Ruger’s possession marked with SFAR™, disgorgement of any profits from the sale of the rifle by Ruger, and finally, triple damages.

Ruger has no official response on their website as of today to this lawsuit. As the suit was filed yesterday, it is also too soon for a response in court.

So that you may view the exhibits contained in the complaint, I have embedded it below:

gov.uscourts.ncmd_.98070.1.0

FN Issues Safety Recall On M249S Rifles

FN America has issued a safety recall on all of their M249S rifles. This is the belt-fed, semi-auto version of their well-known M249 Squad Automatic Weapon (machine gun) that has a MSRP in the $8,000 range or so.

FN M249S® | FN®
From the recall notice:

(McLean, VA – January 14, 2022) FN America, LLC announces the mandatory recall of all FN M249S® semi-automatic, belt-fed rifles sold before January 1, 2022. An identified issue from a component in the FN M249S fire control group may adversely affect the rifle’s standard operation, and under certain circumstances, a reset failure within the hammer group may cause an unsafe firing event. To correct this condition and restore consistent and safe operation of the firearm’s fire control group, it is necessary for FN to replace specific components in all FN M249S rifles.

FN is instructing customers to discontinue use of these rifles immediately and return affected products to FN directly for installation of new components, at no expense to its owner.

January 2022 FN M249S® SAFETY RECALL
Product Name: 
FN M249S
Model Name(s):  
FN M249S Standard, FN M249S Para, FN M249S Limited Edition
Product Numbers: 
56460, 56501, 56509, 56502, 56435, 46-100030, 46-100028 
Color(s): 
Black, Flat Dark Earth (FDE)

All FN M249S serial numbers sold before January 1, 2022, are affected by this recall. Therefore, FN M249S owners are asked to please visit the FN M249S Safety Recall webpage and input their serial number for detailed instructions on returning the FN M249S for service.

Note: Please do not ship any affected product to FN until a shipping label has been generated by FN and sent to you. In the interim, FN asks that customers not operate their FN M249S until FN has made the necessary repairs to your rifle. 

FN is deeply committed to providing customers with the safest, most reliable firearms possible. As such, it is imperative that all recalled product is received back as soon as possible. Patience and cooperation are appreciated as we receive, inspect and service these firearms for a direct return to you. We will make every effort to return the rifles within 30 days of receipt at FN.

For questions about the recall or assistance in returning a firearm, contact the FN M249S Recall Support team at 1-800-635-1321, extension 145, or by email at M249Srecall@fnamerica.com. Hours of operation are 10 a.m. to 4 p.m. Eastern time, Monday through Friday.

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NATO Standardizes 5.7×28 Cartridge

FN America is reporting that NATO has decided to standardize the 5.7×28 cartridge. This should be good news for both FN and Ruger as they both manufacture handguns in that caliber. I know CMMG has the Banshee AR pistol in 5.7 so I wouldn’t be surprised to see more ARs coming out as either pistols or carbines in that caliber.

From FN’s release sent out this morning:

FN America, LLC is pleased to announce that the FN-designed 5.7x28mm caliber has been standardized by NATO. The caliber was designed in the late 1980s for use with the FN P90® and FN Five-seveN® pistol. With almost three decades of trusted use, the FN 5.7x28mm continues to leverage the groundbreaking design to improve range, accuracy and terminal performance from small arms. As NATO adds the FN 5.7x28mm to their standard small caliber ammunition portfolio, FN proudly continues its long legacy of small arm innovation as it enhances service to civilians, law enforcement, and militaries across the globe.

In a continuous effort to promote interchangeability of all small caliber ammunition used by allied armed forces, NATO has recently finalized the standardization process of the FN®-designed 5.7x28mm caliber by approving the standardization agreement (STANAG) 4509.

The 5.7x28mm caliber is now integrated into the Multi-Caliber Manual Of Proof and Inspection (AEP-97) and joins the standardized NATO small caliber ammunition portfolio, along with the 9x19mm NATO, the 5.56x45mm NATO, the 7.62x51mm NATO and the 12.7x99mm NATO (also widely known as the .50 caliber).

As a NATO standardized caliber, the 5.7x28mm provides armies with the guarantee of interchangeability between ammunition from different manufacturers and operational efficiency in weapons of this caliber.

Pre-SHOT Show Releases, Part 2

The FN Mk20 SSR and the civilian variant FN SCAR 20S have been out since 2016. They are the long range precision version of the SCAR-17 aka SCAR Heavy. They traditionally have been chambered in 7.62×51 NATO.

FN America has now released the FN SCAR 20S in 6.5 Creedmoor.

For 2020, FN announces new advancements in the legendary FN SCAR® 20S – now chambered in the superb long range cartridge: 6.5 Creedmoor. Perfectly calibrated for long-range precision fire, the FN SCAR® 20S in 6.5 Creedmoor gives you the ability to engage targets exceeding 1,000 yards with ease. The chrome lined barrel of new FN SCAR® 20S  will deliver precision accuracy with improved barrel life. The gas-operated piston design and Surefire ProComp 762 muzzle device manage recoil efficiently to improve follow-up shots and maintain target acquisition. Lending further aid is the match-grade, two-stage trigger that breaks crisply at 3.5-4.5 pounds, full-length MIL-STD 1913 rail at 12 o’clock position, and fixed buttstock providing adaptability to fit to each user’s needs through adjustable length of pull and cheek rest height.

The rifle will be available in both flat dark earth (FDE) and black.

The trigger is a Geissele 2-stage match trigger (Geissele Super SCAR). The 20 inch barrel is cold hammer-forged and chrome lined. The weight of the 6.5 CM SCAR 20S will come in at 11.6 pounds.

The price? MSRP is $4,499.