Mesa, AZ – Without XTech Tactical® sending or filing any formal or informal response of any kind, Century Arms® filed for a Voluntary Dismissal Without Prejudice on October 1st, 2018. The filing was made only one week after the case had been brought against XTech Tactical® on September 24th, 2018. Judge Robin L. Rosenberg signed the order closing the case, Civil Action No. 9:18cv-81295 (S.D. FL), brought by Century International Arms, Inc, on October 9th, 2018. The lawsuit claimed XTech Tactical’s MAG47™ infringed on trade dress Century Arms® had acquired in its acquisition of US Palm™.
XTech Tactical® has not changed or modified the design of the MAG47™ in any way and has and will continue to offer it for sale as the greatest US Made AK Magazine. This unprecedented filing of a Voluntary Dismissal Without Prejudice prior to any response from XTech Tactical® further the company’s position that the case had no legal basis and the lawsuit was accurately described as frivolous. The complaint filed against XTech Tactical® was clearly an attempt to intimidate a much smaller and younger business.
“While we are pleased that Century Arms® has dropped its lawsuit, there still lies a tremendous problem within our country’s civil judicial system. The system itself is designed for like sized parties, when a larger entity brings a lawsuit against a smaller entity the civil system fails the smaller entity. This country was founded by entrepreneurs chasing dreams and our constitution was written to promote a free marketplace. The reality is our civil system too easily allows larger entities to invoke tremendous costs and burden on a smaller party. For a small business these costs and burdens suffocate them both within the business and their personal lives. We will always stand to not only protect XTech Tactical® but set an example to other entrepreneurs that have sacrificed everything to follow a dream. As for this specific topic the active case is now closed, but that does not prevent future filings. While we considered filing for a dismissal with prejudice, that would have only prevented a future filing for the exact claim. We instead elected to allow the case to be dismissed without prejudice and put our focus on our business.” stated Jeremy Deadman, Director of Sales and Marketing for XTech Tactical®.
Background of the MAG47™:
US Palm™ accumulated a debt of a significant amount owed to Molded Devices, Inc., based in Tempe, AZ. After almost a year of non-payment, despite demands, it became clear that US Palm™ would not pay for the product that had been created. Rather than sue a company that did not have resources to pay its bills, Molded Devices Inc. disposed of the molds as allowed by law. After this, XTech Tactical, LLC partnered with Molded Devices, Inc to create a new magazine that contains several innovative new features. The new features include: fully stainless-steel reinforced feel lips, stainless steel spring, and making the magazine easily field serviceable. The magazine is known as the MAG47™. By way of a demand letter sent to Molded Devices and XTech Tactical®, through its legal counsel Century Arms stated they had acquired US Palm™ in March of 2018. Century Arms®, US Palm’s new owners, then told Molded Devices, Inc. it was forbidden to sell the magazines which had the US Palm™ markings. Due to legal reasons, the manufacturer was faced with the decision to give Century Arms® the product at whatever price they were willing to pay, or to destroy the existing inventory. Molded Devices, Inc. agreed to destroy the inventory of magazines that had not been paid for. Since the decision to destroy the magazines was made, it was decided to make the best of it and bring together some of the greatest companies and people in the community.
Explosion Video: https://www.youtube.com/watch?v=RnrKxIyim8g
As previously stated, XTech Tactical® was founded on and operates with the highest level of integrity and is extremely confident in its position. Furthermore, it is important to the company to set the precedent that it will not lay down to baseless threats, regardless of another entity’s size. XTech Tactical® has been preparing for the likelihood of a lawsuit since January of 2018 when Century Arms® first sent a demand letter to Molded Devices, Inc., the manufacturer of the MAG47™.
Before XTech Tactical® begins the development or redevelopment of any product, it exhaustively studies the existence of preexisting intellectual property. During the research related to the MAG47™ project, it was discovered that no one controlling the US Palm™ brand owned any patents, proprietary designs, or other valid intellectual property related to US Palm’s AK47 rifle magazines.
The XTech Tactical® MAG47™ currently available in two configurations on www.xtechtactical.com is quickly being established as the single greatest US Made AK47 magazine in history. MSRP on the magazines range from $26.95-29.95. The company obsessively studied consumer feedback and requests related to the ideal AK47 magazine. From that study and substantial engineering effort came what is now, the MAG47™. XTech Tactical® strives and will always strive to be the leading company in the industry when it comes to hearing its customers’ and potential customers’ voices.
About XTech Tactical, LLC:
In 2013, XTech Tactical® was formed by firearms enthusiasts to develop revolutionary firearms accessories for modern rifles and other small arms.
The founding members bring over 50 years of combined product development, design-for-manufacturing, and quality control experience. Collectively they are listed on over 35 US and International Patents, and they have been part of taking hundreds of products from concept through production.
We believe in making the best products possible for our customers whether civilian, agency or military. The company strives to lead the industry in innovation, customer service, and hearing our customers’ voices.
Giving Back
We offer a 10% discount for all active duty US soldiers, veterans, and law enforcement that register on our website. We also have corporately partnered with Trident True (tridenttrue.org) to give back to some of our country’s heroes, our combat veterans. Please take a moment and check out their website for more information.
XTech Tactical® will be exhibiting at SHOT Show 2019, booth 4164.