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

Road Trip To Cabelas

I’ve been wanting to visit the new Cabelas store located in Greeenville, South Carolina since it opened earlier this year. I suggested that we drive down there on Saturday and the Complementary Spouse agreed After all, it is only a hour’s drive or so from Asheville to Greenville.

The Greenville store is what Cabelas considers their next generation store. In other words, much smaller than their massive stores like the one in Hamburg, Pennsylvania. I visited that store a number of years ago and was blown away by it.

The front of the Greenville store

I wasn’t really looking for much to buy at the store. I needed a new Cabelas cap as mine was old and ratty. I also wanted to check out the Gun Library and the Bargain Cave. Of course, I expected to make a few impulse buys but not exactly what I came home with. More on that later.

The entrance to the store had a massive fireplace with a sitting area and a number of specimen mounts. The style is what one would expect for an outdoor destination store like Cabelas or, for that matter, most Bass Pro Shop stores.

It is a nicely laid out store with the clothing sections in the middle, the hunting and guns on the left side of the store, and the fishing and camping stuff on the right side of the store. As to location, it is about a block or two off of Interstate 85 at Exit 51. I think the store might make a good place for a blogger meetup as it has a conference room and a grill. The Greenville location is about an hour from Asheville, 1 1/2 hours from Charlotte, and about 2 hours from the Atlanta metro area.

The Gun Library had some impressive firearms with equally impressive prices. The display cases had everything from Colt revolvers to high-end nicely engraved Browning Superposed double shotguns. The entrance is flanked by a pair of elephant tusks. I’m not sure if they really were ivory or just replicas but it still makes for an impressive entrance-way.

Just outside the Gun Library were four double-level, double-sided racks of used long guns. And that is where I met my downfall. As I said earlier, I had only wanted to check the place out and buy a cap plus maybe something from the Bargain Cave. My downfall was a FN Mauser in 6.5×55 Swede mounted in a California-style walnut stock (rollover stock with exaggerated palm swell and contrasting wood tip). The scope that was mounted on it was an older Bushnell 2.5 Banner scope made in Japan. It has a nice, crisp trigger with no creep. I haven’t put it on my trigger gauge yet but I’m guessing it is set at about 3 lbs.

The best part is the price was about what you’d pay for a Ruger American if you paid full retail. I’m going to have to do some research on it but I’m thinking it was a FN barreled action that was customized once it got to the US. There are no gunsmith markings that I can see without pulling the action from the stock. It does have the customary Belgian proof marks and the action is marked “FAB. NAT. D’ARMES de GUERRE” with “HERSTAL – BELGIQUE” underneath it. (I’ll get pictures up as soon as I have time to take some decent shots of it.)

I have to say that Cabelas was very organized and very efficient in checking you out with a firearm purchase. It was the first time I ever filled out the Form 4473 using a computer though I did sign a printed copy of it. The only lag was getting the purchase paperwork and Form 4473 double checked and signed off on by two “team captains”. The cashier then walks you out the store and takes off the trigger lock at the entrance. It is obvious that Cabelas wants to make sure the paperwork is correct, that BATFE is happy, and that negligent discharges don’t happen while the firearm is still in their store.

The final stop before arriving home was at one of the many fruit stands dotting north Greenville County to pick up some fresh South Carolina peaches. I don’t know who grows the better peaches – Georgia or South Carolina – but these were mighty good.

Lithuanians Go Heavy – SCAR Heavy

The Ministry of Defense for the Baltic nation of Lithuania is purchasing the FNH SCAR-H PR for their military’s land forces.

Lithuania’s Ministry of Defense has ordered FN SCAR-H PR semi-automatic rifles for the country’s armed forces. The 7.62 mm rifle is produced by Belgian arms manufacturer FN Herstal.

The contract is worth 9.6 million litas (US $3.9 million), the ministry said in a statement. Deliveries of the weapons are scheduled to begin in 2014.

The FN SCAR-H PR rifles will be supplied to the Lithuanian land forces. The weapons are to be fitted with rifle scopes made by German manufacturer Schmidt & Bender. The amount of rifles ordered was not disclosed by the ministry.

The Land Forces have 3,500 regulars and 4,700 volunteers or reservists.  It is composed of one heavy mechanized infantry brigade of three infantry battalions and one artillery battalion.

Given the size of the contract and that it is for a semi-auto rifle, I’m guessing it is intended for arming their equivalent of the squad designated marksmen and not for universal use by the Land Forces.

The Land Forces are currently equipped with the Heckler & Koch G36.