Daniel Defense will leave it up to the court to decide which company is “Lighter. Stronger. Better.”
The company filed suit against Remington Outdoor Company, the parent company of DPMS Firearms/Panther Arms, on June 24 for using trademarked materials in online and print advertisements, and on trade show signage.
According to court documents, Daniel Defense “has continuously and exclusively used ‘Lighter. Stronger. Better…’ as a trademark in interstate commerce in connection with firearm components and firearms accessories” since 2006.
After eight years, Daniel Defense says the trademark is distinctive to its products, which include ARs, M4s, mounting rails, slings, optic mounts, light mounts, upper receivers, etc.
Also, the Georgia-based company has used the two chevrons pointing to the right in its ads since 2012 and had it registered as a federal trademark in January 2014.
Daniel Defense argues that DPMS Firearms/Panther Arms uses “marks that are confusingly similar marks to the Daniel Defense Trademarks on the DPMS Firearms/Panther Arms’ website … thus creating customer confusion as to source of origin of its products.”
In other words, the companies use similar slogans and symbols as Daniel Defense to sell and market similar products to the same class of customers as Daniel Defense.
On its website, DPMS Firearms/Panther Arms describes its products as “Lighter, stronger, and even more badass” and “Lighter, stronger and every bit as accurate as the original” and pairs it with two chevrons pointing down.
In addition to direct language, the companies also use the dominate portion of the trademarked phrase, “Smaller. Lighter. Stronger.”, paired with two chevrons pointing to the left in advertisements elsewhere.
Daniel Defense is demanding a trial by jury, and is asking for the companies to remove the infringements and pay a sum deemed justly by the court.
Remington, formerly Freedom Group, is based out of North Carolina, and is the parent company for numerous other gun and gun accessory companies. DPMS Firearms/Panther Arms is based out of Minnesota.
DPMS Firearms/Panther Arms and Remington have 30 days, or until July 24, to respond to the complaint.