Ruger Takes S&W To Court Over 10-22

BY Herschel Smith
8 months ago

Uh oh.  There is war between the manufacturers.

One of the most popular rifles made and sold in the United States — the .22-caliber Ruger 10-22 — is the subject of a high-stakes court battle, with the Connecticut-based manufacturer accusing a rival gunmaker of unlawfully cutting into the market with a lookalike.

The issue is detailed in court filings that Sturm, Ruger & Co. initiated in July when it sued the Massachusetts-based Smith & Wesson and its sister company, Thompson/Center Arms.

Last week, lawyers for both sides spent three days in U.S. District Court arguing over a preliminary injunction that would block sales of the Thompson T/CR22, possibly during a heavy buying season.

Like the Ruger 10-22, the Thompson/Center rifle has a 10-shot magazine that allows semi-automatic fire with separate trigger pulls.

A key part of rifle hardware — the receiver, which is the housing for internal components such as the hammer, bolt firing pin and trigger — is the same length and width as its product, Ruger claims.

The T/CR22 has similar locations for safeties, bolt locks and trigger releases. Thompson/Center made its rifle adaptable to the hundreds of after-market 10-22 parts that owners use to customize their rifles.

“They added a couple of functions that I’ll give them credit for, but to me it’s still a 10-22, just their version of it,” testified Mark Gurney, the director of product management for Ruger, last week in U.S. District Court.

The company Ruger is suing, the Arizona-based American Outdoor Brands Corporation, owns both Smith & Wesson and Thompson/Center Arms.

“Ultimately, this case is about competition — namely, Ruger’s effort to stamp out lawful competition to grant itself a monopoly over the functional design of a .22 caliber long rifle,” Manchester lawyer Christopher Cole wrote in court documents.

The Concord law firm Orr and Reno represents Ruger. Manchester-based Sheehan, Phinney, along with the Philadelphia firm Ballard Spahr, represents the defendants.

During the hearing, both sides had multiple lawyers on hand. A deputy U.S. marshal had to inspect each rifle before it was handled by lawyers, witnesses or Judge Joseph Laplante.

At one point, Laplante was the image of a G-man, sitting in his chair with each hand grasping a rifle at its forestock, the rifles’ butts braced on his lap.

“My confusion level now is through the roof,” Laplante said while holding the two rifles as lawyers argued about the marketing-type aspects of the rifles, referred to by lawyers as trade dress.

I don’t have a dog in this fight.

I guess ultimately it depends upon exactly how the patent paperwork reads and exactly what they took credit for.  I know a patent and copyright attorney.  It gets really complicated, very quickly.


Comments

  1. On December 5, 2019 at 11:22 am, Sanders said:

    Then I guess they’d better be suing Volquartson, as well.

    I would think that patent on the 10/22 would have expired by now. It’s only been around since the ’70’s.

    Come to think of it, I sure need one of those breakdown 10/22’s…..

  2. On December 5, 2019 at 11:26 am, BRVTVS said:

    I agree with Sanders. A patent expires after 17 years.

  3. On December 5, 2019 at 1:50 pm, Fred said:

    Love the 10/22 Takedown. This is what happens when wall street gets involved. The lawyers take over a company, then they start stealing designs to make a quick buck. The AOB lawyers argument is stupid, there are plenty of .22 cal rifles on the market. I’m for Ruger, simply because the firearm is great and the customer service is beyond excellent, childish I know, but I like the gun and AOB stinks to high heaven for ruining iconic outdoor companies to meet quarterly earnings targets.

  4. On December 5, 2019 at 3:30 pm, TRX said:

    Anyone remember when Ruger sued AMT for AMT’s stainless copies of the 10/22? They also made copies of the Mark II .22 pistol.

    That was early ’90s, I think.

  5. On December 5, 2019 at 4:48 pm, Ratus said:

    Apparently this is a trademark lawsuit and not a patent infringement one.

    I’m sorry to have to say but I don’t think Ruger really has a leg to stand on with this, legally you can make an exact copy minus the trademarked names of “Ruger” and “10/22” because the patent on the functional item has expired like the 1911, AR-15/10, Glock, etc.

    A non-Ruger 10/22 receiver has been around for at least a decade, why the sudden urgency to stop someone from selling a comparable rifle that until recently was very cheap because no one wanted one.

    As to them looking similar, most of the blowback .22 semi-autos look almost identical with the 10/22 looking more like the Marlin model 60 then the T/C 22.

  6. On December 5, 2019 at 4:58 pm, I R A Darth Aggie said:

    While a patent expires after a number of years, a patent can be extended. That must be in play.

  7. On December 5, 2019 at 9:01 pm, Ratus said:

    @Darth it’s a trademark infringement case, not a patent one.

  8. On December 9, 2019 at 7:09 pm, Confused said:

    I’m a bit confused here. I just checked at Davidson’s and a 10/22 with a wood stock is running around $280 with the takedown with a synthetic stock running about $370. The T/CR22 is running around $350. I’ve heard people complain about Ruger the company, but hardly a bad word about the 10/22. Is saving $20 for a copy really worth it?

    I could understand Ruger being upset with people making good magazines for their guns. I sometimes think they are following the shaving blade model…

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Ruger Takes S&W To Court Over 10-22", entry #22513 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns and was published December 5th, 2019 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (679)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (35)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (20)
Ammunition (112)
Animals (73)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (242)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (75)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (6)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (90)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (22)
Body Armor (20)
Books (3)
Border War (11)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (13)
Christmas (11)
CIA (28)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (216)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (156)
Department of Homeland Security (24)
Disaster Preparedness (4)
Distributed Operations (5)
Dogs (12)
Donald Trump (26)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (32)
Featured (182)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,181)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (43)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,258)
Guns (1,683)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (28)
ICOS (1)
IEDs (7)
Immigration (91)
India (10)
Infantry (4)
Information Warfare (2)
Infrastructure (2)
Intelligence (23)
Intelligence Bulletin (6)
Iran (170)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (63)
Islamists (94)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (4)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (7)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (261)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (50)
Medical (40)
Memorial Day (5)
Mexican Cartels (35)
Mexico (50)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (5)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (21)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (70)
NATO (15)
Navy (22)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (57)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (63)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (489)
Police in COIN (3)
Policy (15)
Politics (684)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (189)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (30)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (344)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (21)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (17)
Survival (38)
SWAT Raids (55)
Syria (38)
Tactical Drills (2)
Tactical Gear (5)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (17)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (9)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (21)
TSA Ineptitude (12)
TTPs (3)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (56)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (223)
War & Warfare (40)
War Movies (4)
War Reporting (19)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (67)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2020 Captain's Journal. All rights reserved.