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Peterson Communication with CheyTac the company

Excerpts of our letter to Blaine

Blaine Campbell
Campbell Arms Mfg.
Huntingdon, TN

July 6th 2020

Dear Blaine,

When we last spoke on the matter of properly using the CheyTac name by other companies you seemed to have the correct understanding of your rights. You also seemed to understand the rights of companies like ours and our distributors that make a business in the CheyTac calibers. Your recent call to our distributor makes me think you do not.

We have taken the time to be fully briefed by the head of the Intellectual Property Practice at our law firm on the correct uses of the CheyTac trademark. And we are confident in our use.

We confirmed our understanding of the basic principles of fair use of another party’s trademark. Under the doctrine of “nominative fair use” a business my refer to the trademark of another company provided that it follows certain guidelines.

  • The name is necessary to describe a company’s product.
  • It is only used as is necessary to describe the product.
  • There is language to reflect the true and accurate relationship between the two companies.

It is clear the company CheyTac USA owns the trademark on the name CheyTac. However, that does not give you the right to bully others into not using the name, in ways that are perfectly legitimate according to trademark law.

We are prepared to defend and protect the way we use the name as a necessary part of the product description.  Because we’ve been making brass in these calibers for years, we have a relationship with nearly every company that also deals with these calibers (distributors, gun makers, loading companies, tool makers and other component manufacturers).

Your harassing behavior to our distributor, trying to convince them they don’t have a legal right to use the name correctly can only be felt by us as a direct attack on our business by you and harmful to the general health of CheyTac sales overall. Therefore, it causes us to plan several actions.

Armed with the knowledge of how to correctly us the name, we intend to support every single company  that produces anything related to the calibers.  We can make sure they are completely aware of how to properly and legally use the name. Also, we can make sure they know how to defend themselves against your erroneous claims of their inability to use the name correctly. Especially when you attempt to extort money from them in order to use the name in ways they have a legal right to use without your permission. We plan to help anyone that makes a business in the CheyTac calibers in every way we can.

Below is language we have at our website and will be circulating to every distributor that carries our products and every loading company that buys our brass. If necessary we can also alert every other company that makes a business in these calibers to strengthen their understanding and make sure they are hardened against your threats based on your apparent misunderstanding of the actual permission the law provides.

As a foot note to the CheyTac name we will have language to reflect the true and accurate relationship between the two companies to make sure we are clear that – “CheyTac® is a registered trademark of CheyTac USA, LLC. Peterson Cartridge is not affiliated with, endorsed by, or sponsored by CheyTac USA.”

On our call I mentioned that if you take efforts to harm the sales of these calibers outside the rights the trademark law provides you, we will do everything possible to support and defend the truth of the law.

Please before you contact one of our distributors again, I would appreciate you learning what threats you can make that the law will support and not threaten un-defendable claims. So, for the record, what we publish at our website (see the language above and at www.petersoncartridge.com) and what we will encourage every one of our distributors to publish is legal in every regard. I want you to know that we at Peterson Cartridge will vigorously defend our right to correctly and legally refer to this caliber by name in all descriptions, in literature and promotions including all electronic forms. 

It is very unfortunate you have started down this path of harming unknowing businesses. You might do us all a favor if you would discuss this with a knowledgeable Intellectual Property attorney to advise you correctly in this matter.

 As always, I am available if needed.

Respectfully,

Rich

Extremely consistent, American-made brass rifle casings and ammunition, designed for long-distance shooters.