AWA sued by Colt - Insider

American Handgunner, Nov-Dec, 2002

AWA International, Inc. (does business as American Western Arms), the manufacturer of the "Peacekeeper" and "Longhorn" single action 1873 revolvers, has been sued by Colt's Manufacturing and New Colt Holding Corporation for allegedly copying Colt's "trade dress." According to the suit, Colt says it is the only company that can make single action army revolvers which have the "overall appearance" of the Model P. They allege the AWA revolvers are too similar to Colt's and the consumer is buying the AWA revolvers, thinking they are buying a Colt, or that it's a product affiliated with Colt. This is like walking into a Ford dealer and thinking you're buying a Chevy. Give us a break. At least give the customer the benefit of the doubt as to having enough brains to read the tag.

AWA's roll-mark clearly states "American Western Arms" and is packaged to clearly show the manufacturer is AWA. There's also the little tidbit about the fact the AWA is about $900 cheaper than a Colt. You think you'd notice that?

Colt claims the entire overall appearance of the single action army revolvers -- from the sights to the color case finish -- are Colt's protectable property. This, in spite of the fact that since the 1950s, thousands of replicas have been sold by several companies. Where will this stop? The 1911 design? Will Caspian, Kimber, Springfield Armory, etc. be prevented from manufacturing their models? How about the AR15 clones?

AWA is defending the lawsuit vigorously. In addition to pointing out Colt stopped selling the Model P from 1941 to 1956, since then companies from Ruger to American Western Arms have manufactured single actions -- all with no action from Colt (to our knowledge). And it gets better.

According to AWA, Colt is claiming the word "replica" is ambiguous, that it didn't discontinue the manufacture of single action revolvers around 1940, that Colt refuses to admit knowledge of the many other companies making single actions prior to the mid 1990s, that they were unaware replicas were used at cowboy matches prior to 1995 and that the AWA guns are not marked American Western Arms and AWA Italy.

If Colt prevails on its broad "trade dress" claim, it's possible they could prevent all manufacturers of replica 1873 revolvers from selling guns. AWA told Handgunner they will continue to fight the lawsuit and continue to improve their own products.

A call to Colt met with the following response: "We do not comment on pending litigation." Handgunner welcomes your comments.