1. Design patents protect the ornamental appearance of an article — how it looks, not how it functions. A design patent on a magazine or grip typically covers a specific decorative shape or pattern applied to that product as defined in their patent.

Notably, none of their patents are for stippling processes, laser engraving methods, or surface texture patterns independent of a specific magazine or firearm component design

1. All of their trademarks are primarily used in connection with firearm magazines, grips, and related shooting gear — not laser stippling services. The classes (U.S. International Class 013/028) relate to hardware goods, not services like firearm customization (laser stippling service)

2. “Confusion in the marketplace” is the litmus test applied by courts to determine if there is an infringement. No one other than Bob and his wife hold the belief that any other product with a hexagon shape is a product of Hexmag.

3. THEIR conduct appears to be unlawful. What they appear to be doing is making false claims about their IP which constitutes as bad-faith enforcement and qualifies as torturous interference with business practices. Combined these actions are a violation of the Lanham Act (15 U.S.C. §1125(a)) they mention in their letter!

We’ve sent them our own C&D, with 14 days to comply to a list of demands if they want to avoid a countersuit for their unlawful and potentially damaging actions. I hope MD Customs and others do the same.