If Leupold loses control of the LEUPOLD trademark in China there are resulting potential
consequences that we are concerned about. Leupold sources many finished goods directly
from various manufacturers in China, including range finders and binoculars. If these goods
are stopped for inspection at a point of export from China, with the name LEUPOLD on them,
we are concerned that we may run the risk of being charged with attempting to illegally export
goods branded LEUPOLD, a trademark that we would not own in China. Ironically, we could
be viewed as the counterfeiter.
A similar concern exists in the fact that for some time there have been counterfeit goods
coming from China that are being sold on eBay as Leupold clones, replicas or knock-offs.
These products are marketed as being the same as Leupold tactical riflescopes but without the
Leupold name on them. Whereas a true Leupold tactical scope may retail for over $1000
(USD), these look-alikes will sell on eBay for about $100 (USD). There are several sellers
who apparently seem to be working out of the Hong Kong area.
Our concern is that if we lose control of the LEUPOLD trademark in China, these replica
riflescopes could legally begin to appear with our name on them and from all outward
appearances would look just like an original Leupold. Our Leupold tactical riflescopes are
built to meet the demanding requirements of our law enforcement officers and military
personnel. If these knock-offs are taken to be the real thing, which they definitely are not, they
could be mistakenly purchased either new or years from now as used equipment by customers
who mistakenly assume them to be genuine Leupold tactical riflescopes. What would happen
if these look-alikes then failed in the line of duty? This is a very grave scenario to say the least
and the potential ramifications on Leupold are substantial. Everything we have built over the
past century under the Leupold brand name would potentially be at risk.
I would like to conclude my testimony with a simple thought. Over 50 years ago, our
company's founder, Markus Friederich Leupold declared that, "the customer is entitled to a
square deal." That simple ideal has driven our company to always strive to do the right thing
and take care of our customers. Mr. Chairman, after you read all of the international
agreements, treaties and protocols, ask yourself a simple question…are American businesses
getting a square deal when it comes to intellectual property protection in China? I can tell you
that from Leupold's perspective we definitely are not. Thank you verymuch.
Leupold & Stevens, Inc.
Mailing Address: P.O. Box 688, Beaverton, OR 97075-0688 U.S.A.
Shipping Address: 14400 N. W. Greenbrier Parkway, Beaverton, OR 97006-5790 U.S.A.
Tel: 503- 646-9171 Fax: 503 - 526-1455 Web:
www.leupold.com