Midway USA is selling ..... nope
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- Thread starter Pusher591
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Midway may have opened themselves up to a trademark violation, I would not be advertising this against Prime especially in the USA like you are doing
Why would you advertise a bad actor
Why would you advertise a bad actor
My bad, I agree.. I was just trying to make people aware.
I find it interesting that these online retailers (especially Midway) are selling this stuff off. Maybe they haven't considered the possible legal ramifications, or has RUAG been assuring them behind the scenes that it's all legit?
I’m guessing the latter.
I still can’t understand why RUAG isn’t at least playing safe and repackaging the ammo.
Prime definitely hasn’t said it’s ok to use their certainly copyrighted brand name.
I wish I would say, but I suspect there is a layer of damage control happening
funny how things work when trademarks are involved
funny how things work when trademarks are involved
Can't imagine that Midway or others would not have had their lawyers review contracts and any potential liability as well as having the Manufacturer indemnifying them from any potential liability....but who knows what level of due diligence was done...
None,
Yes, but only a link was posted earlier, and if midway changes their site the link is useless. A screenshot is forever
Look at it this way,
First, let's not advertise for Midway on this,
Second,
Imagine that I decided to order 100,000 SH Stickers from an overseas company. They say, pay for 1/2 now and then pay us as you sell them over a period of time. Shortly thereafter they say, no wait, pay us now we want to do something different. I say, no that is not the deal and we wind up in a lawsuit over the money and remaining stickers which they have in their warehouse.
The Lawsuit is set for Sept 2020, however 3 months after the suit, and countersuit is filed they decide to sell a different website my SH stickers, at a nice discount for the other site owner.
I am trademarked by both name and logo, but they sell my stickers to Sniper Central to sell at a nice discount. Do you think they can actually do that without an issue, my branded and trademarked products ?
Cause that is basically how I see this right now, I would avoiding posting this part of the issue, and not patronize either while the problem remains unsettled. Let Prime and RUAG fight it out or settle, before that happens, no sense in promoting a bad thing.
First, let's not advertise for Midway on this,
Second,
Imagine that I decided to order 100,000 SH Stickers from an overseas company. They say, pay for 1/2 now and then pay us as you sell them over a period of time. Shortly thereafter they say, no wait, pay us now we want to do something different. I say, no that is not the deal and we wind up in a lawsuit over the money and remaining stickers which they have in their warehouse.
The Lawsuit is set for Sept 2020, however 3 months after the suit, and countersuit is filed they decide to sell a different website my SH stickers, at a nice discount for the other site owner.
I am trademarked by both name and logo, but they sell my stickers to Sniper Central to sell at a nice discount. Do you think they can actually do that without an issue, my branded and trademarked products ?
Cause that is basically how I see this right now, I would avoiding posting this part of the issue, and not patronize either while the problem remains unsettled. Let Prime and RUAG fight it out or settle, before that happens, no sense in promoting a bad thing.
Wonder if the "new" Prime will be offered in all the same calibers as before.
Hmmm...indeed. Methinks RUAG and Midway are doing something like this...
Did someone say, “Sniper’s Hide Stickers?”
We give away all kinds of swag in our classes, I just don't sell them because I am not here enough
Is that a steel case stuck in there? What kind of junk QC is that ?
LOL. Hope this is even better than the former stuff and they sell it by the boat … no … railcar !!!!
LOL. Hope this is even better than the former stuff and they sell it by the boat … no … railcar !!!!
Hey at least they didn't include the cow pies all over the place
I know this is off topic, but it is ridiculous information so I wanted to respond so you don’t dissuade someone who reads this from taking legal action when appropriate.
First, I agree that if you need a lawyer, you’re in a shitty situation.
A $1.2M case is absolutely not a small case unless you’re Google.
Arbitration does not reduce the value of your case unless it is a binding arbitration, and then you’ve essentially agreed to forego a jury trial and let an arbitrator decide your case.
If you paid your lawyer 75% of what you recovered you had a very shitty deal with your lawyer.
In all likelihood, you either had a case that wasn’t worth anywhere near what you thought it was, or had a very bad lawyer, or both. Either way, sounds like you came out $100k ahead of where you were without the lawyer.
Yes, sometimes lawyers get a bad rap, and yes, sometimes it’s deserved, but your anecdote does not mean lawyers are bad.
I have a lot of clients who hated lawyers until I got their insurance company to pay their claim or their employer to pay overtime that was illegally withheld (or whatever the positive outcome was.)
It was for public construction contract , so the County has a lawyer on contract and one would think it would be in the best interest for the lawyer to resolve the case asap to save taxpayer money. This was a very simple construction claim very well documented with a very favorable report from the arbitrator. The sham is that my lawyer and the County's lawyer has a billable income now for 3-5 years and thats the game.As we rolled up on the 3 year mark it was resolve in 3 days.
(I havent read everything yet... but to add to you point
It occurs to me that if a shitload of people buy Primes ammo, and that ammo ends up being really good...
It could actually be good for Primes brand.
In an odd way, thus might actually be helpful in the long run. They just need to be able to stay afloat and pull it off.
this is never a part of new product curation
It's when there is on going litigation concerning the product in question....at least it should be when common sense is applied....
I'll admit I've never shot prime. Never needed to, haven't seen it locally, wasn't of any concern. I may try it if I see the need in the future, but I generally don't shoot any factory ammo.
I went ahead and bought some brass because they obviously dumped it cheap, and didn't make any money.
I also very much think it's a fucked up deal that Ruag pulled on them if Prime's story holds up.
Personally I wouldn't buy the loaded ammo because I think the real issue here is the intellectual property of selling their particular loads, which may ironically be alright because they didn't re-package it.
One of my co-workers showed me that pic last weekSince Prime posted this on FB<
Not seeing the issue here. Again people comment with their feels instead of brains.
If a company contracts another to make something, and they fail to pay and breaches contract, that company has every right to recoup Capital by liquidating the stock. This is not being advertised as prime so there are no copyright/trademark issues. It's advertised as norma, which it is: with a prime headstamp. What should they do? Melt it all down and loose even more money?
If PRIME had standing they would have gotten an injunction and this wouldn't be happening. Midway is doing nothing wrong and until the courts say RUAG is at fault, I wouldn't expect anything to change.
Everyone should be happy they can grab top tier brass at 30% retail. If Midway is selling that cheap imagine what they paid wholesale. It's not like RUAG is making anything on this brass, probally loosing their ass if typical margins are to be expected.
If a company contracts another to make something, and they fail to pay and breaches contract, that company has every right to recoup Capital by liquidating the stock. This is not being advertised as prime so there are no copyright/trademark issues. It's advertised as norma, which it is: with a prime headstamp. What should they do? Melt it all down and loose even more money?
If PRIME had standing they would have gotten an injunction and this wouldn't be happening. Midway is doing nothing wrong and until the courts say RUAG is at fault, I wouldn't expect anything to change.
Everyone should be happy they can grab top tier brass at 30% retail. If Midway is selling that cheap imagine what they paid wholesale. It's not like RUAG is making anything on this brass, probally loosing their ass if typical margins are to be expected.
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Yep, you're hurting RUAG by buying this brass... way to justify it
They dumped it at or below cost. Unless they're making an absolute killing on Norma brass. I know what whole-sale pricing is on Norma and they're dumping it below that by a good bit.
It's certainly not helping them in any way other than to clear the warehouse space.
Prime 6.5 Creedmoor looks like it's back in stock.
Edited: It looks like it's backorder / pre-order.
Edited: It looks like it's backorder / pre-order.
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Yep, you're hurting RUAG by buying this brass... way to justify it
I really doubt they are selling at break even or loss.
You mean to say most businesses only take actions that financially benefit them???
Who would have thought...
You mean to say most businesses only take actions that financially benefit them???
Who would have thought...
Damn Capitalist!
Makes perfect sense if their version of story is true (not saying it is).
If a company you were just producing ammo for defaulted and in your mind, you were sitting on a pile of ammo with their name on it and not yours, and you just wanted to recoup costs and move on, you’d sell at cost or a loss.
Could be the case, or could be a move their legal team thinks will look like they are just trying to recoup loss.
Companies take a loss or break even on product lines all the time if they feel like it’s not a good long term investment.
Musta learned that at Ronald McDonald University. It was before fries but after cleaning toilets.
They do it all the time. They have zero use for it, they know prime wouldn't want to pay for it anyways.
So you recoup a percentage of costs vs scrap value and clean the warehouse.
It's always better to lose a little than lose it all. Inventory is a very large liability.
