2011 or not...

[lawboy]

Years ago, the term "Xerox" became synonymous with "photocopy." Is ever photocopy made on a Xerox machine? No.

Is it incorrect to say I need a Xerox of that, or "Xerox it," even when the copy will be made on a Sharp or HP copier? No.

In the law, when some term or practice becomes so universally accepted that it no longer indicates the true source of the good or service, it is at that point no longer capable of being protected under intellectual property law.

That is why, way back when, Xerox was running ads that basically said "not ever copy is a Xerox." They were trying to maintain their ability to copy write/service mark their brand. It did not work. People called photocopies what they wanted to, regardless of what machine they were made on.

So, like I said, call it what you want. As long as you can communicate to people what you are talking about, who cares?!

[racegun]

I believe by law they cannot be stamped 2011. That is owned by STI.

[StraightUp_OG]

Freshly trademarked in anticipation of the "clone" if I were to guess.

Filing Date February 29, 2012

http://tess2.uspto.gov/bin/showfield?f=doc&state=4802:wraptm.2.81

[tbarker13]

It's sort of like the Colt Commander. We will refer to other 1911s with 4.25" barrels as commander-style, commander-sized, etc. But the only true Commander is made by Colt.

But most of us know what someone means when they say they have a commander.

I think of 2011 the same way. It's become a generic reference to double-stack 1911-style guns.

[TroyB]

I come from the who cares camp. The only thing that's eating at me is, do each of those guns accept the same "clips"?

On a serious note, if they do accept the same type of magazine, wouldn't that make them the same type of pistol?

[StraightUp_OG]

They do indeed accept the same mag. They are effectively the same. So "What's in a name? A 2011 by any other name is still the same".

[Craig N]

Colt-4gery

[StraightUp_OG]

Colt-4gery

I would argue Browning not Colt. Colt "Acquired" the design as well ...

[MVPFc]

2011 is a year and hence can not be trade marked. When logging the transfer of a frame it is classified as a pistol. We call them long or short dust cover modular hi-cap frames. About 50% of the people that call me just ask for a frame. 25% ask for a hi-cap or modular frame. And 25% ask for a 2011 frame. Hope this helps!

Edited November 13, 2013 by MVPFc

[StraightUp_OG]

You better take that up with USPTO as "2011" is in fact a registered trademark of STI.

[MVPFc]

They may have a TM on "model 2011" or "2011 frame" etc. but you can not TM just a year. I only know this because it was listed in the guidelines when I applied for our TM.

[StraightUp_OG]

Understand I am in your camp. Love PT! But if you do a search on the USPTO site you will find that they indeed have the TM on just "2011".

Search "TESS" at http://www.uspto.gov/trademarks/index.jsp

for 2011

Edited November 13, 2013 by StraightUp_OG

[MVPFc]

Interesting. I stand corrected. Good thing I have an attorney that specializes in this stuff. It appears that the trade mark applies to "2011" physically on a firearm. Not "2011" in general. Not that we have any desire to put 2011 on one of our products or try to pass them off as an STI.

Edited November 13, 2013 by MVPFc

[StraightUp_OG]

Yeah for sure the TM needs to have context. In this case USPTO deemed it "Unique" in so approved the TM. However, in reality to those schooled in the art, the term has become "Generic".

Edited November 13, 2013 by StraightUp_OG

[MGMorden]

One thing to remember too about Trademarks is that (unlike copyrights) a trademark can be invalidated if it is determined that it has become part of common usage.

"Aspirin" was once a trademark of Bayer corporation but it was eventually determined to have become part of the vernacular and they lost it.

"Zipper" was once a trademark of BF Goodwrench.

Other trademarks that have been lost over the years include "Thermos", "video tape", "escalator", "touch tone", "Kerosene", "Linoleum", and "ZIP code".

Granted, while "2011" as a reference to double stack modern frame 1911's is common, I don't think its become nearly as ubiquitous as the examples above, so STI is probably fine for now.

[ericjhuber]

So what do you call a SV single stack?

My Precious. (I suspect that's what I'll call mine in about 12 to 16 months when Brandon gets done with it.)

SV Singles Stacks.......We call them expensive, totally rocking cool heaters/blasters/smoke poles ect........or harder to acquire than the wide body's. Think of them as a rare vintage bottle of wine. Ya know that they are out there and you want one. It is just finding the funds to make it happen for most folks.

Regards,

Roy Neal

Team SV Infinity

Avert your eyes!!! If you read what Roy writes about SVI, you can kiss your bank account goodbye!!! It's too late for me, but save yourselves!!

Edited November 20, 2013 by ericjhuber