U.S.A. –-(Ammoland.com)- The U.S. District Court, Southern District of New York, has denied the motion by Command Arms Accessories, LLC and CAA Industries, Ltd., dba CAA Israel, for an injunction against ME Technology Inc. for trademark and patent infringement (case 1:19-cv-06981-LLS). ME Technology, dba CAA USA, had been the exclusive U.S. importer and distributor of CAA Industries’ firearms accessories products from 2004 to 2018.
In the opinion dated October 31, 2019, by Justice Louis L. Stanton, the court determined that CAA Industries/CAA Israel “lacks the support sufficient to raise a litigable issue” regarding the trademark infringement. The registration of the trademark in dispute had been cancelled in 2014, and both parties admit that it is an abandoned mark. The two companies had been working together to sell micro conversion kits in the U.S. market and had jointly developed the logo, trademark and website, WWW.CAAGEARUP.COM, all of which were used primarily by CAA USA.
Although CAA Israel claimed common-law trademark rights, the judge found that the actions of CAA USA (ME Technology) – namely its successful marketing efforts – did more than just move the goods in trade, but gave them the benefit of the distributor’s reputation, name or business style, a determining factor in preempting a manufacturer’s claim to common-law ownership of trademarks. The fact that CAA USA was reinstated as the exclusive seller of a third party’s stabilizing arm brace (SB Tactical), while CAA Israel’s license to sell that brace was revoked, further substantiated the claim that CAA USA’s reputation benefitted the products.
Both of these factors led to the court’s finding, “CAA Israel unlikely to succeed on the merits of its claims to ownership of the trademarks and trade dress.”
After reviewing the CAA Israel patent claims regarding construction of the slide pull device and comparing them to photographs of the MCK conversion kit from CAA USA, the court determined that CAA Israel had not sufficiently established a right to a preliminary injunction on its claim that CAA USA’s MCK Conversion Kit was an infringement on the patent on its own Micro RONI.
According to Mikey Hartman, CEO of CAA USA, the split between the parties occurred when one of CAA Israel’s minority shareholders began infringing on a patent held by SB Tactical, as well as violating MAP prices on its Micro RONI, which was being sold through a third party. “Given these unlawful actions, we chose to break from exclusively distributing CAA Israel’s RONI conversion kits and design and manufacture our own conversion kit, the MCK,” says Hartman. “The MCK, which is manufactured 100% in the United States, is the next-generation Micro Conversion Kit that is easy to assemble and compatible with the most popular handguns in America. We are so proud and grateful for the way the MCK has been embraced by the U.S. and international markets, it’s by far surpassed the older Micro Roni version.”
“The CAA USA MCK, while filling the same purpose of stabilizing the pistol for one-handed firing and increased shooting performance, is a vast improvement from previous generations of the Micro RONI Stabilizer,” says Hartman. “Its innovative forward grip, which is patent-pending, allows for incredible stability with one-of-a-kind ergonomics.” The company reports other differences as well, such as an optional spare magazine holder on the MCK and the availability of units for additional pistol models, including the Glock 20/21 and the S&W M&P Gen 1, Gen 2, Sig Sauer P320, and now the XD models from Springfield Armory.
In the court order, Judge Stanton asserted that, “On the whole, the frailty of Plaintiff’s claims of ownership of the rights involved and patent infringement does not support a finding of likelihood of their success on the merits sufficient to justify the entry of a preliminary injunction in their favor.”
In a related matter, the judge also granted ME Technology/ CAA USA’s motion to transfer the case to Florida, where it maintains all operations.
“CAA USA is glad to have the decision in our favor and appreciates the ongoing support of our vendors and distributors, now that this frivolous attempt by a minority shareholder of CAA Israel has been put to rest. We are very pleased that the truth was seen by the court,” says Hartman. “We are especially thankful for the vote of confidence from SB Tactical, who has signed an exclusive licensing agreement with CAA USA for use of its patented stabilizing brace exclusively on our products. Our companies’ shared commitment to providing the utmost in quality and service to our end customers make this agreement a natural fit.”
Alex Bosco, owner of SB Tactical, supports Hartman’s statement, adding that, “We would like to inform our U.S. distributors and dealers that CAA USA is the only manufacturer of MCK, Micro Roni and Roni Stabilizers authorized to produce handgun conversion kits with the SB Tactical patented Stabilizing Brace technology.” Bosco further requested that any counterfeit or unauthorized use of Stabilizing Braces in handgun conversion kits manufactured, sold or marketed by companies other than CAA USA be reported to SB Tactical.
“We look forward to continuing to work with our dealer partners on the MCK and our other accessory product lines,” declares Hartman.
About CAA USA
CAA USA is a designer, developer, and distributor of modern tactical accessories, optics, and handgun conversion kits for the U.S. and international law enforcement and firearms enthusiasts. CAA USA’s advanced conversion kit, the MCK/Micro Conversion Kit is available in models for GLOCK, SIG Sauer, and Smith & Wesson, and soon will be available for Springfield, H&K and CZ pistols as well. More information on the company and its products is available at www.caagearup.com.
I own both, the Mck and the Iseral Micro roni and as to safety, the one made in Israel has a trigger guard while the Mck doesn’t. Both are for Glock pistols and I could see a possible unintended discharge of the Mck if the trigger on the Glock/Mck were to snag on something as it was being put down and as to just carrying the Mck without a round in the chamber is not acceptable if needed in an emergency situation. What I would like to see is the Mck with a trigger guard similar to the one made… Read more »
I watched a couple of guys run around on Youtube with the Micro Roni conversion on a 9mm Glock and 40 Glock with the brace pressed against their shoulders…WHEN ARE THEY GOING TO DO AWAY WITH THE SBR BS??? Seriously.
If you have not tried it don’t knock it. Same with bump stocks, I never wanted one but felt that those who did was their right.
GoBoy —
I couldn’t disagree more. The bump stock took a normal semi-automatic rifle, and literally turned it into a mass kill machine. While the rounds it throws downrange is less than a full auto weapon set for rock-n-roll, as I have shot in the military, it nonetheless affords the bearer nearly the same kill power. What next: 40mm grenade launchers, as based on right of a well regulated militia to keep and bear arms? Somewhere, just somewhere, we have got to regulate ourselves, before they do it for us.
You claim to be a veteran, and yet you repeat the CNN talking points like a die hard anti.
Let’s us check that. Would you mind telling us all your MOS?
To all concerned — I served as both and airport and structural Firefighter and EMT in the Air Force (57170 at Fairchild AFB, as well as remote in Galena, Alaska,) and combat medic in the Army (93C Desert Storm as an E-6.) What I see wrong with this picture is that no one can have a difference of opinion, however slight. I am not for gun control for any reason. What I am for, is the common sense control our own. It should be pointed out that for every crazy action that the left produces, the right suffers from an… Read more »
@yzman, You write, “… I am not for gun control for any reason. What I am for, is the common sense control our own.”
Those are opposites. Please explain.
@WB: StWayne sounds like Barry Sotero with that ‘commonsense’ gun control BS. He’s most likely a Marxist dem gun owner.
There should be more effort in repealing the NFA of 1934 and all other Acts oppressing the right to firearms.
@yzman, You need to read US v Miller. Everything that you wrote is wrong and indicates a lack of Second Amendment knowledge.
You can continue to hold an unlearned opinion, and get laughed at, or you can improve yourself.
And … yeah… what was your MOS?
That’s why I asked it. Nothing like a few simple, basic questions to display the troll lies for all to see.
I’ll put ten down at three to one he has no idea what an MOS is, and hasn’t the balls to even googletube it! And another hundred at even money that if he ever was in, he either got kicked out or rode a desk. 🙂
Knute — Oops, time to open up a vein! You sir, are just plain fucking stupid. What you know about me, or what you think you know about me, as the little monkey in you plies for more likes or else throws its poo, oh see it how dances for bananas — ain’t this gun-toting redneck kool? My guess is that you could only dream of serving in the military. Am I right? What was your MOS (Military Occupational Specialty?) I not only served with honors, but with distinction. I was a Red Rope in AIT. Do you even know… Read more »
Insults just prove that your lies have no foundation. Otherwise you’d just say: “I was a cook”, or “I was an infantryman”.
The fact that you cut and pasted it from googletube only suggests that you had to search it to even know what it is.
So let’s double check. You mentioned AIT. What does that acronym stand for? Any truevet knows in 15 seconds or less. Cannot help but.
Insults? Must have hit a nerve. You sir, fired the first shot for its imagined “likes.” I just returned in kind if but for all the thumbs down. For you to say that I had to cut and paste anything from my military service record, proves you to be a know-nothing poo thrower. And, I didn’t even touch on my service record with the Army. I asked if you served, but you didn’t respond. So what is a Red Rope in AIT? Dare you actually say it in public for all the world to witness? And if you do know,… Read more »
A couple of things wrong with your answer the Air Force Specialty Code (AFSC) for fire Protection specialist is 571×0. The x designates your skill level. While being a Red Rope in training that you were I was a Gold Rope which Basically was the AIC for the Dorm. Station Captain is just a designated crew chief to handle the paperwork and log books. I to was in both crash and structural fire fighting as well as a rescueman a Diver /Operator as an E-2 which is usually an E4 slot. In addition, I too was a National Registry EMT1-A… Read more »