Originally Posted by
Geezer
What intellectual property?
The Pro-Sport was an Airsporter underlever grafted onto a modified HW77 in a nice stock, just as the TX was a modified HW77 in a nice stock. Or the Webley Omega is a Webley/Anschutz/FWB hybrid.
Patents are about truly novel design features. Once they expire, you can copy them. Most successful guns are designed that way.
Licensing manufacture is about selling the whole tech package to make a design (heat treat, steel specs, tooling design, tolerances, etc). If you can work out how to make it without those “trade secrets”, and it isn’t patented, no law against it.
Intellectual property (IP) is more about brand names. It is also a bit about looks, which is why no-one makes a direct Glock copy. Glock have money and expensive lawyers. They may also still have patents. That is a potent combination. But that has not stopped the introduction of Glock-like pistols that don’t look exactly like Glocks and don’t say “Glock” on them.
I think the basic IP question in law is would a reasonable person mistake the copy for the original/inspiration? I imagine AA’s lawyers made a compelling case that the TX and PS were different enough from the HW and Venom that they’d win the case.
So AA could not have marketed the Pro-Sport as the AA Venom Mach2 (IP) but nothing stopped them making it as the Pro-Sport. Just like the Chinese can sell a copy of the Diana 34 as long as they don’t call it a Diana or a 34.
By the way, PS came out in 96. Venom joined Webley in 1999 or 2000.