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Counterfeit Optics

80K views 97 replies 52 participants last post by  adeluxe86 
#1 · (Edited by Moderator)
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#98 ·
I actually have 3 of the fake eotech red dots. Strange thing is after 2 years, they still
Work…..they were all priced @ 90.00 each so I knew they were fake. Put all 3 against
My real one & @ 25 yds. All shot to point of aim. Used on 22 lr. Maybe not a bad deal
if you know authenticity going in.
 
#5 · (Edited)
#70 ·
Counterfeit AIMPOINT® COMP - Double Click PRODUCTS, then select specific product at left

I have seven of what I would swear is this exact same optic. Externally looking at three right now that are dead ringers. Five of mine that look just like this came in Burris boxes marketed as the XTS-135 and says made in China on box and warranty papers inside say warranties are 12 months through Burris. I sent email to Burris back in January with serial numbers of the seven I purchased and was told they were Burris products and 12 months was correct warranty. I sold two to a friend of the seven to leave with five. I purchased four that are identical to my Burris marked with Bushnell logo and in Bushnell boxes. Confirmed via phone call my serials and box info was correct. My guess is Aimpoint may have outsourced the machining of the housing our more of this product, once the Chinese get the specifications and tool up to make a product for a U.S. company they don't stop at end of contract. They keep making and then market under some name of the week or sell to other U.S. companies.

I first saw this trend in rock climbing equipment about 12 years ago. Started with climbing shoes, a top notch shoe company would contract for x thousand pairs, then after they went to market with latest shoe, within 90 days some company never heard of was selling identical shoe. Moved quickly into garment industry when Patagonia moved their sewing off shore to Asia then moved into hardware.

Now, no matter what your industry, if you contract with a Chinese company to make an item or major component for one of your items then soon that subcomponent will be filled with Chinese guts and competing directly against you. If you contracted for entire item, they will dumb down the quality of electronics and optics then be knocking on your customers doors.

Check ebay for scope mounts. There are two different companies selling exact copies of the Burris P.E.P.R. mount for under $50 bucks. I bought one bolt on for $39 N.I.B. in 30mm and came with spacers to use with 1" scopes which Burris does not provide in kit and all measurements were same and when put lapping kit to it was just as true as all of my Burris units. If a company is dumb enough to give all their technical drawings to a Chinese maker, pay them to tool up and produce, they are goofy if don't expect their product to be compromised immediately. It's what Chinese do as don't respect international or U.S. patent law.

Quite a while back I picked up a Fluke 87V meter in my electrical supply and box said made in China. I always bought Fluke because made right and in U.S.A. Asked my supplier what's up and said could get U.S. Fluke also as military and specific government agencies had to buy U.S. meters. Kicker is said what Fluke was doing is having certain percentage made, assembled and packaged in China to save money. Then to keep their government and military contracts had all the sub assemblies made in same Chinese plants but shipped in pieces to U.S. for final assembly. Basically biggest amount of work legal as far as subassemblies done in Asia, then cases, displays, circuit boards, keypads, etc shipped to U.S. assembly plant for final assembly, quality control testing, packaging and marked as U.S. product. I still pay the 10% to 15% premium for U.S. Flukes so at least some Americans getting paid to do more of the work, U.S. models have better warranties and I hope that the U.S. worker's put a tad more care into work. I don't necessarily believe it but it makes me feel better to tell myself that. If my info is wrong, correction is appreciated.

Basically once an item or major ccomponent are farmed to Asia knock offs are going to follow. Unfortunately some products have to be made off shore as EPA has come down so hard on specific industries it's about only solution. Look at batteries, cast iron, anything that is nasty to make. Much of the cast iron coming out of China is better than U.S. as can use techniques EPA, and practices OSHA have banned to protect environment and workers.

As said, purchased a bunch of the unit pictured in this O.P., kept most and sold some. I bought a used Bushnell branded as a take off at a local gun store for $40. The seven N.I.B. Burris units paid $99 for five and $79 for two all sealed in original boxes with shrink wrap. Bought one Bushnell new and other two used. All but one are mounted, cowitness great on AR15's and several have been used and abused without a single failure. Two are mounted on FN FAL's in 308 with one being a 16" barrel short gas that is a burly recoiling machine. Three are mounted on AR 15's in 6.8 spc II with two being 14.7" barrel versions. Not hard pounders but one has over 500 rounds and other over 1,300 rounds to date. The 16" short gas FAL has over 300 rounds and optic still holds zero.

If this chassis is showing up on multiple brands and as knock off to Aimpoint, my guess if look enough can probably find same thing being sold somewhere with name like Moro or GoGo for $29 bucks or so. If can find may buy one to see if has exact same controls, number of brightness settings, uses same batteries and stick on a battle rifle and see if it holds up to a few hundred rounds of 150 grain 30 caliber bullets beating it up. If find it cheap, proves to be same as others have and is cheap may buy a box full. My over 50 eyes are not doing as well with irons as they did at 40 and younger thus adding optics to my fighting rifles is stinging my pockets. While the Burris/Bushnell versions am using are not as slick as my aluminum C-More's, Fastfire III's, Trijicon RMR's, etc. 35 years of collecting AR's, M1a's, FN's and more means have a lot of rifles that a red dot would be appreciated. While prefer a real Leupold scope in Larue Tactical mount with Trijicon RRMR'S top for combination of distance and CQB, can't just pony up to do that to all the rifles need to bypass irons on now. Till money for nice optics slowly catches up with inventory, a few inexpensive red dots would not be ignored. Welcome to the new world. We wanted Wallyworld prices on Ferrari's and Colts, thus we are getting fine China that resembles the real thing. It sucks but we did it to ourselves.

I will be more careful when shopping for my Leupold's, Trijicon, etc but luckily Burris is pretty straight up on owning up to their Chinese product and except for P.E.P.R mounts seem to charge fair price and product seems fine thus far.
 
#7 ·
The Chinese have been copying a couple of these for quite some time now. What's the point of this thread? The chinese can copy these optics. They have been doing it with everything else it seems. In fact, most everything now-a-days comes from China. The products aren't as high qualities as their real counterparts, but lots of stuff is decent for the amount you pay.
I think everybody knows this overused saying, but it is a proven fact:
"You get what you pay for."
 
#11 ·
What you say is true, but are these Chinese clones actually telling the consumer they are in fact Chinese manufactured clones? Or are they simply doing everything they can to appear as if they were an actual Leupold product. If the consumer does not know these copies exist (and I didn't - Thanks AOM22!), then the consumer is being ripped off.

Let the Chinese compete with Leupold by making it under their own label - now thats fair enterprise. Let the consumer pay the costs for what they feel the product is worth - that is fair enterprise.
 
#13 ·
Well, to my knowledge, most of the Chinese rip-offs say "Made in China" on them. If you can't determine which one is real by that then you are on crack. Although, I am not sure if all of them have that on there. Bottom line is, if you find an amazing deal on any of the scopes mentioned online and they list it as a Leupold or whatever, it mostly like is the Chinese counterpart.

"A certified gun nut (such as yourself - me included) should be able to detect a counterfeit item when they examine it."

I agree with this, and hopefully nobody gets ripped off because someone mislabled their Chinese scopes. I guess we have to keep an eye out on retailers of these items. Do you know of any American retailers(or anyone that ships to the U.S. for that matter) that are falsely labeling their optics. I haven't seen any yet...

I bet you can find them on eBay, however.
 
#15 ·
Well, to my knowledge, most of the Chinese rip-offs say "Made in China" on them. If you can't determine which one is real by that then you are on crack. Although, I am not sure if all of them have that on there. Bottom line is, if you find an amazing deal on any of the scopes mentioned online and they list it as a Leupold or whatever, it mostly like is the Chinese counterpart.

"A certified gun nut (such as yourself - me included) should be able to detect a counterfeit item when they examine it."

I agree with this, and hopefully nobody gets ripped off because someone mislabled their Chinese scopes. I guess we have to keep an eye out on retailers of these items. Do you know of any American retailers(or anyone that ships to the U.S. for that matter) that are falsely labeling their optics. I haven't seen any yet...

I bet you can find them on eBay, however.
when I was producing my product, I checked on the import and export laws. If it's made in china, it MUST be marked as such somewhere on the box or the unit. According to the information I got it can't leave China unless it is marked. The Chinese are getting better at reverse engineering.
As for Ebay, you can't advertise the product buy a brand name or say it's better than a brand name unless it is that brand name. I mean really, if you think you're going to get a Mark 4 for 42.00 plus really high shipping costs, you deserve what you get.
 
#16 · (Edited)
Trademark/Patent Infringment condoned by CHINA

Originally Posted by bartsimpson12384
Well, to my knowledge, most of the Chinese rip-offs say "Made in China" on them..
Counterfeit Leupold Riflescope Warning
Leupold® is issuing a customer alert to purchasers of products, particularly via Internet sales, in regards to bogus Leupold products that are apparently being illegally imported from the People's Republic of China. These products bear many of the marks and trade dress of current Leupold & Stevens riflescopes making them very hard to distinguish externally from authentic Leupold products.

.... most of the scopes appear to originate from Hong Kong (People's Republic of China), and have "Leupold Mark 4" laser engraved on the bottom of the turret in a silver etch, ....
Originally Posted by bartsimpson12384
I agree with this, and hopefully nobody gets ripped off because someone mislabled their Chinese scopes. I guess we have to keep an eye out on retailers of these items. Do you know of any American retailers(or anyone that ships to the U.S. for that matter) that are falsely labeling their optics. I haven't seen any yet...
I bet you can find them on eBay, however.
China's trademark office rules against Leupold's claim for the 'LEUPOLD' mark.
Weblink orginally posted by Dan308 - good ... awww ... excellent information.
Everyone should read Dan308's post and weblink.
Leupold & Stevens, the Beaverton, Ore.-based maker of riflescopes .... under the "Leupold" trademark, learned in December 2001 that the Chinese government had issued a trademark for the English word "LEUPOLD" to a company it had never heard of: SAM Optics Ltd. of China.
.... SAM Optics had filed to register applications for 16 other companies' trademarks, most of which were in the sports optics and telescope market, including for the biggest names in the business: Bushnell, Swift, Celestron, Swarovski and others ....
Well, looks like we'll be seeing more fake optical products. And, counterfeits of other major brands ... soon.
 
#18 ·
Counterfeit Leupold Riflescope Warning

01 June 2007 / 1724H

Emailed Leupold (Contact Us) asking to following question:

Counterfeit Leupold Riflescope Warning:

Were any of the fake Leupold scopes sent into your company
for warranty repair work, clearly marked as: MADE IN CHINA.
When I receive a response, I will post the message.
 
#24 · (Edited)
Response From Leupold

01 June 2007 / 1724H

Emailed Leupold (Contact Us) asking to following question:

Were any of the fake Leupold scopes sent into your company
for warranty repair work, clearly marked as: MADE IN CHINA.

When I receive a response, I will post the message.
From Leupold Customer Service:
Leupold Customer Service
Product Specialist Group
Phone (503) 526-1400
Reference Call #

Caller: - aom22
Phone:
Summary: Leupold

No they do not say "Made in China" on the scope. They say Leupold.
And we can tell by the serial number if it is counterfeit,
as well as some other subtle differences
that unless you handle these scopes everyday,
you might not notice.
 
#23 ·
I guess we just have to be extremely careful when buying these products. I would only order from a retailer that has a good reputation. Hopefully nobody gets ripped off.

Curiously though, someone that has a Leupold should buy its Chinese counterpart and compare them to see how well the Chinese copied them. They are pretty cheap. It would be funny to see how well they compare with the real thing.
 
#25 ·
What about the poor schlep that buys it 2nd hand? What about the guy who's just getting interested in firearms? You think, after buying "premium" optics at a cut-rate price, he's going to be buying any more Leupold's soon? If you think the counterfeits aren't going to be passed as the real thing, I've some swampland for you.
I find the "you must be on crack" comment as coming out of left field. You may have the experience, I may have the experience to tell the difference. There's a lot of people out there who won't.
 
#29 · (Edited)
Issues

What about the poor schlep that buys it 2nd hand?
Look What I Found On eBay
However, what if, they're bought off the internet.
Then, unscrupulously, resold as the genuine article?


What about the guy who's just getting interested in firearms?
Consumer Fraud
However, Newbies ... are another story.
Another purpose of the post is to educate the newcomer to our hobby to be knowledgeable,
as well as wary, when buying optics - especially over the internet.


You think, after buying "premium" optics at a cut-rate price, he's going to be buying any more Leupold's soon?
Leupold's warning: countermeasure against fraudulent sales.

Counterfeit Leupold Riflescope Warning
Leupold® is issuing a customer alert to purchasers of products, particularly via Internet sales,
in regards to bogus Leupold products that are apparently being

illegally imported from the People's Republic of China.
These products bear many of the marks and trade dress of current Leupold & Stevens riflescopes
making them very hard to distinguish externally from authentic Leupold products
.

.... most of the scopes appear to originate from Hong Kong (People's Republic of China),
and have "Leupold Mark 4" laser engraved on the bottom of the turret in a silver etch, ....


If you think the counterfeits aren't going to be passed as the real thing, I've some swampland for you.
Consumer Fraud
The point of the post is to make it known.
That, some of optics being offered for sale as the genuine article,
may not be what they are purported to be.
It is one thing to present a product as a clone,
and, quite another, to pretend to be the real McCoy.


You may have the experience, I may have the experience to tell the difference.
There's a lot of people out there who won't.
Consumer Fraud
A certified gun nut (such as yourself - me included)
should be able to detect a counterfeit item when they examine it ....
However, Newbies ... are another story.


I find the "you must be on crack" comment as coming out of left field.
bartsimpson12384 .... If you can't determine which one is real by that then you are on crack.
bartsimpson, you're right .... If a person can't tell these items are replicas, fakes or counterfeits ... they, must be on crack.

I was addressing, I assumed, an older teenager. Or, a young adult.
These groups of people understand and use the expression.
 
#30 · (Edited)
Counterfeit or Replica .... More than Semantics?

MFI INTELLECTUAL PROPERTY RIGHTS WARNING

I've obtained permission from Michael Frost CEO to use information and images from the MFI website at Rimfire Central.

You can use the information but, remember we manufacture only accessories for live weapons
... we do not make any airsoft product
... it just so happens that the airsoft is close enough to the real thing to use our items. Please be sure to stress this point
... as we do not want to be associated with sub standard airsoft product.

Michael Frost CEO MFI

MFI
563 Via San Miguel
Liberty, KY. 42539
Tel: 606-787-0022
FAX: 606-787-0059
e-mail: mfrost@mfiap.com
www.mfiap.com
There is a purpose for replica optics. Or, low-cost clones as well.
It is on weapons trainers and AirSoft products.

LIVE WEAPON'S ACCESSORIES:
As many of you know MFI has been in the live weapons industry since 1978. Over the years we have added airsoft guns and accessories to our repertory.

There has been some confusion as to:
... what are the accessories are DESIGNED FOR LIVE WEAPONS but, will also work on airsoft,
... what are accessories DESIGNED FOR AIRSOFT BB GUNS but, will also work on live weapons (some limitations apply)
... and, what accessories are DESIGNED FOR AIRSOFT but, will NOT work on live weapons.
Counterfeit optics ... can't be counted-on to function on real weapons - for long.
Witness ... the counterfeit scopes being returned to Leupold for repair.
Their proper place are on fake weapons.

DESIGNED FOR AIRSOFT but, will NOT work on live weapons.
MFI
RED DOT SITE:

This is a REAL WEAPONS SIGHT… Built to take the punishment of a center fire cartridge but, also manufactured to MFI specifications to work on airsoft guns as well. Generic version of the Pro Point Tasco 45mm which is normally $250.00+ retail … We have contract that allows us to make identical Red Dots to the Pro Point without the Tasco Logos… Exact same technology and manufacture (as Tasco contact manufactures 75% of their items).
 
#31 · (Edited)
Replica Optics

About 3 years ago I sold a KMC SR-15 carbine I had owned since 1998 (sold it because it was post-ban configuration).
My carbine had a Aimpoint Army Contract red-dot mounted forward on the Picattinny rail - KMC RIS.
The mount was a KMC quick detach.

At the time I purchased my SR-15, few manufactures were producing .22lr conversion units for AR-15s.
Other than Atchisson and Ciener (Atchisson based), the alternative was a custom-made,
.22lr top-end from an expensive gunsmith shop with an indefinite wait-time.

Needless to say, I never bought a .22lr conversion unit for my M4.

However, if I were in the market for a .22lr AR-15 clone,
the OLYMPIC ARMS Inc. rimfire conversion system would be on my short list.

22-17 Partner Upper Receiver Kit
Caliber Conversion Systems: 22-17 Partner
Download 2007 Retail Catalog Rev (2) Zip, go to page 25


MFI
For an optic, it would be difficult to justify the cost (I'm nolonger single)
of a genuine Aimpoint.
But, a REPLICA, a good one, would be something to consider.
Enter, the MFI Quick Reaction Weapons Sight



SPECIFICATIONS / SPECIAL FEATURES:

Main Body / Tube: Single piece Heavy duty 6061-T6 aircraft aluminum alloy. 30mm Diameter tube so this will fit in any standard 30mm Scope Ring. (We offer Heavy Duty Rings as well.)
Red Dot size: 5 to 6 MOA
Red Dot Brightness: There are 7 degrees of brightness. All are for the visible light spectrum. The QRS is NOT IR compatible.
Shock resistant designed for use on Class II & III weapons in any smallarm caliber up to 308.
Lens Covers: Lenses Covers are INCLUDED with every QRS. Quick flip up style similar to Aim Point and Butler Creek.
Lenses are quality optics similar to US Mil Spec.
Tube is Nitrogen filled.
Lenses are coated for Anti Fog / Anti Glare.
Over all Length: 4.85 Inches / 123mm
Outer Diameter: Head 1.46 inches / 37mm
OBJ Lens: 30mm / 1.19 inches
Magnification: 0 or ZERO
Weight: 5.5oz (with batteries)

Note on Waterproof Scopes: Again please note that this item is NOT water proof. It is weather / water resistant as it is equipped with "O" Rings on the battery compartment, windage and elevation covers. So no problem in heavy weather but, it is not advised to be submerged.
SCOPE RINGS

This item is a direct response from loyal customers requesting a more cost effective and shorter range applicable RED DOT SITE similar to that of Aim Point and Trijicon. Yes you always get what you pay for... And YES there is a trade off here as well. The main difference between Aimpoint, Trijicon and EoTech and the MFI QRS is that our site is NOT WATERPROOF. The QRS is completely sealed and has "O" Rings on all removable caps and thus is Resistant to Heavy Weather but, it is NOT waterproof to 30 meters of salt water. Yes you can even drop it in a puddle of water but, you CAN NOT exit a submarine in the Arctic and expect it to function like it's more expensive counterparts.
 
#32 · (Edited)
Replica Optic: Sniper Scope

If I had a Ruger 10/22 accessorized by Christie & Christie Enterprises
This is reasonably priced scope, I would consider mounting.
That would be in-character with the look of Super Stocked 10/22

MFI

MFI 30mm Special Operations Sniper Scope


Construction elements are similar to that used in very high-end scopes like:

.... Tube Body is single piece aluminum.
.... Military Style Markings.
.... Silver Objective Ring Spacer.
.... Lenses are quality optics similar to US Mil Spec.
.... Tube is Nitrogen filled.
.... Lenses are coated for Anti Fog / Anti Glare.
.... Best of all this scope is can be focused (via diapter for fast target acquisition) as close as 6 feet.
.... Reticle is standard hunting / military cross hairs thick and then thin in the center.
.... Parallax Free at 100 meters @ 2 power.
.... Comes with protective see through lens covers.
.... Reticle is "SPLIT LIGHTED" Style. This means that when the reticle is lit up only the center cross hairs are illuminated.
MFI 30MM RINGS ...........MFI 1 INCH RINGS
...............


Sniper Scope MFI Manufacture 30mm Tube 1.5 X 6 Power: This is a REAL WEAPONS SIGHT… Built to take the punishment of a center fire cartridge but, also manufactured to MFI specifications to work on airsoft guns as well. This is a scope with a 30mm tube with 50mm objective lens. Power is variable from 1.5 to 6. The zoom power range is specially designed for MFI and ideal for airsoft use so as not to be too powerful. Standard rifle scopes on the market are usually above 4 power, which is not very practical for airsoft application because the scope can see farther that the gun can shoot. Style is copy of Schmidt & Bender / Zeiss Hensold $2000.00 Sniper Scope. Matt black finish with Sniper external 1/4 of a minute windage / elevation knobs. Comes with protective see through lens covers.
LIGHTED / ILLUMINATED RETICLE:


Illuminated Reticle Has 11 brightness settings... Yes a bit over kill as the 5 lowest are hardly noticeable but, given the number of adapters for NIGHT VISION that are appearing on the market now we thought it a good idea given the direction of the market place. So the lower 5 settings are really not noticeable unless used in conjunction with night vision. Lighted Reticle is powered by a battery (included with scope) see specifications below.

This LIGHTED STYLE of reticle is known as a "SPLIT STYLE". This means that when the reticle is lit ONLY the CENTER CROSS HAIR lights up. The advantage here is that this reduces the glare and eye strain in extreme low light conditions that are common on full lit reticle scopes. Additionally unlike other less costly ( and NOT as Technologically Sophisticated ) Lit Reticle scopes that others sell the split reticle does NOT cause a glare / halo effect found in full lighted reticle scopes. If you have ever bought a scope with a full style lit reticle you will know that if you look in the scope at even a slight angle (no center) you will see a lighted ring / halo effect which can be incredibly distracting especially in a tactical situation. This is why we choose the more costly option of the SPLIT STYLE to avoid this issue. More costly to manufacture, but well worth it.
The Super Stock from Christie & Christie Enterprises

1022B Super Stock
 
#34 · (Edited)
Chinese Trademark Infringment: More Required Reading Page 1

If you read Dan308's Link ... be advised, the following, most likely, is the source document.

This basis file is lengthy. But, I believe, it is worth the time and effort to read carefully.
Hopefully, it will cause some of us to pause and consider
thinking twice ... Maybe, Made In China? ... before buying.
I do ... although, it is darn near impossible to avoid Chinese products.
Maybe, I'm being naive. But, I will continue to make a concious effort to do so.

For some, the PDF file maybe easier to read.
Curiously, there is no link to the testimony at the Counterfeit Leupold® Riflescope Warning page.
Makes one wonder, What is Leupold® thinking?

Leupold: Official Testimony - Piracy and Counterfeiting



I want to begin my testimony by thanking the Committee for your efforts to understand the
impacts these activities have on American business, large and small. I would like to present to
you today an insight into one such American company, Leupold & Stevens, Inc., and how
piracy and counterfeiting are impacting our business. Your focus on these issues is greatly
appreciated and we think it holds great promise that this committee will identify and
implement strategies that will lead to further refinement of international intellectual property
standards and the corresponding domestic legislation where these international agreements,
conventions and protocols are interpreted into the laws of the member countries.

Leupold & Stevens, Inc. is based in Beaverton, Oregon. We have been in business since
1907. As our business has grown, we have expanded our workforce to approximately 600
employees. Leupold is a fifth-generation family owned company. We pioneered the
manufacture of waterproof riflescopes in 1947 and have steadily developed a worldwide
reputation for building the world's finest hunting scopes, binoculars, spotting scopes and
rangefinders, sold under the trademark LEUPOLD.

Over time, our brand has been built on the principle that every customer is entitled to a square
deal. Leupold has become legendary for its rugged dependability, absolute waterproof
integrity and lifetime guarantee. This is an old fashioned guarantee from an old fashioned
kind of company: If any Leupold Golden Ring product is found to have defects in materials or
workmanship, we will, at our option, repair or replace it. FREE. Even if you are not the
original owner. No warranty card is required. No time limit applies. These are the building
blocks that our brand and LEUPOLD trademark have been built upon.

Leupold & Stevens projects worldwide sales of well into the hundreds of thousands of
units in 2006, totaling in the hundreds of millions of gross revenue dollars, for hunting
scopes and related goods sold under the mark LEUPOLD. The trademark LEUPOLD for
hunting scopes and related goods was first registered in the United States on January 12,
1971. Since then, Leupold & Stevens has obtained registrations for the mark LEUPOLD in
the member countries of the European Union, Australia, New Zealand, and Japan
.
 
#35 · (Edited)
Chinese Trademark Infringment: More Required Reading Page 2

Leupold: Official Testimony - Piracy and Counterfeiting

Leupold sells its products to three unique markets; Hunting/Shooting, Observation and
Tactical. Our riflescopes are used for hunting and target shooting all over this great country
and, in fact, all over the world. Our tactical line of riflescopes is used extensively by law
enforcement officers and by many branches of our military. Our troops in Afghanistan and
Iraq rely on our riflescopes on a daily basis to complete their missions.

Aside from the U.S., we have distributors and/or representation in Austria, Australia, Belgium,
Bulgaria, Canada, Czech Republic, Denmark, England, Finland, France, Germany, Holland,
Ireland, Israel, Italy, Japan, Kazakhstan, Latvia, Mexico, New Caledonia, New Zealand,
Norway, Poland, Portugal, Qatar, Romania, Russia, Serbia & Montenegro, South Africa,
Spain, Sweden, Switzerland, Taiwan, Thailand, Ukraine and United Arab Emirates. Although
we source components and finished goods such as binoculars and range finders from China,
we do not export riflescopes there due to Tiananmen Square-related Sanctions that are in place
at the U.S. State Department. If market conditions in China and export laws were to change in
the future, Leupold would consider expansion into this market just as we have done elsewhere
in the world.

Before we begin to recount the history of what has transpired in regards to Leupold's efforts to
trademark and protect our brand LEUPOLD in China, I do want to state for the record that
Leupold has strong business partners in China. Most companies and authorities that we have
dealt with in China and certainly those relationships and partnerships that are currently in
place are based upon mutual respect, trust, honor and proper business ethics. From Leupold's
perspective, we find it most unfortunate that with such positive business dealings with our
many partners in China that a single company could cause us such problems. What is more
troublesome however is that with the extent of trade between China and the U.S. and all of the
international agreements, conventions and protocols that China has acceded to, one would
think that the PRC intellectual property laws would not allow such behavior. That has not
been the case, at least from our experience over the past five years.

In December 2001, Leupold & Stevens learned that an application for the word mark
LEUPOLD, in English, had been filed in the People's Republic of China for goods including
those manufactured and sold by Leupold & Stevens. That application, filed for goods in
International Class 13, was owned by a company called SAM Optics (Nantong) Company
Ltd., hereafter SAM Optics. Note that Leupold & Stevens has never had a relationship with
SAMOptics in any capacity, either as a distributor, retailer, or manufacturing partner.
 
#36 · (Edited)
Chinese Trademark Infringment: More Required Reading Page 3

Leupold: Official Testimony - Piracy and Counterfeiting

Following counsel's advice, Leupold & Stevens filed trademark applications in China in
International Classes 9 and 13, covering all the Goods it manufactures and sells in order to
support filings to oppose the SAM Optics application. The LEUPOLD trademark
applications were filed on January 21, 2002.

In preparing evidence to oppose the SAM Optics LEUPOLD trademark application, Leupold
& Stevens learned that SAM Optics had filed to register 19 applications for 16 other
companies' marks primarily in the sports optics and telescope markets. These included such
widely-known marks as CELESTRON, SWIFT, BURRIS, BUSHNELL, SWAROVSKI,
SIMMONS, WALTHER, and BSA (See attached list of Marks). In January, 2002, at the
Annual SHOT Show, a representative of Leupold, Fritz Kaufman, met with a representative of
BSA, Roger Vallecorse, to discuss SAM Optics. Roger Vallecorse followed up that meeting
with an e-mail to Fritz Kauffman, which I attach. In that e-mail, Roger Vallecorse offers to
introduce Leupold to SAM Optics, who had assisted BSA with buying back its mark from
another China company, Asia Optical, to whom BSA paid $25K. Roger Vallecorse states that
SAM Optics' motives in registering the marks referred to above are to prevent those marks
from being registered by Asia Optical. Vallecorse, then, paints SAM Optics as a good guy -
Asia Optical are the bad guys. Note that Vallecorse's e-mail was copied to both an officer of
SAMOptics (Yin Zhu Hua) and the company lawyer (Guo Jun).

We later learned from our counsel that SAM Optics sold one of the marks (we do not know
which one) for somewhere between $50,000 and $80,000 (USD). This is the kind of
experience that awaits US businesses seeking to register their trademarks in China.

SAM Optic's trademark registration pattern and practices were cited in the opposition filed by
our counsel on April 20, 2002. That opposition was based on the bad faith of SAM Optics in
seeking to register LEUPOLD, among other marks. The opposition cited Article 31 of the
PRC Trademark Law, which states:

An application for the registration of a trademark shall not create any prejudice to the
prior right of another person, nor unfair means be used to preemptively register the
trademark of some reputation another person has used
 
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Leupold: Official Testimony - Piracy and Counterfeiting

The opposition also cited Article 6bis (1) of the Paris Convention concerning protection for
well-known marks, which states:

The countries of the Union undertake, ex officio if their legislation so permits, or at the
request of an interested party, to refuse or to cancel the registration, and to prohibit the
use, of a trademark which constitutes a reproduction, an imitation, or a translation,
liable to create confusion, of a mark considered by the competent authority of the
country of registration or use to be well known in that country as being already the
mark of a person entitled to the benefits of this Convention and used for identical or
similar goods. These provisions shall also apply when the essential part of the mark
constitutes a reproduction of any such well-known mark or an imitation liable to create
confusion therewith

Shortly after filing the opposition to the Sam Optics application in Class 13, a second SAM
OPTICS application for the mark LEUPOLD in Class 9, for additional Goods manufactured
and sold by Leupold & Stevens, was published for opposition. Leupold & Stevens filed an
opposition against that application as well.

Leupold & Stevens had diligently filed to oppose both PRC applications for the mark
LEUPOLD, filed in bad faith by SAMOptics, and it had filed its own applications in the PRC
to protect its own Goods.

In October, 2005, the PRC Trade Mark Office refused Leupold & Stevens application for the
mark LEUPOLD: in November 2005, the PRC Trade Mark Office rejected Leupold &
Stevens opposition to the first SAM Optics application opposition on the following grounds:
that Leupold & Stevens did not own a registration or application for the mark LEUPOLD in
the PRC for the same Goods - which was incorrect; and, that the demonstration of trademark
registrations, sales and manufacturing volume, affidavits of fame of the mark, were
insufficient to prove that SAMOptics had filed in bad faith.

Leupold & Stevens is filing to appeal the rejection of its opposition to the SAM Optics mark
for LEUPOLD in Class 13. According to our counsel, we will not receive a decision for two
or three years. If Leupold & Stevens loses this final appeal, and if it loses its opposition
against the Class 9 Application for the LEUPOLD mark owned by Sam Optics, Leupold &
Stevens will have no recourse except either to pay whatever price SAM Optics sets for the
registrations it has obtained in bad faith or run the risk of being prosecuted for infringement of
its own mark, LEUPOLD, registered in China by SAM Optics.
 
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Leupold: Official Testimony - Piracy and Counterfeiting

This is obviously just the type of Fraudulent Intent that numerous international conventions,
agreements and treaties have sought to prevent. China became a member of the World
Intellectual Property Organization in 1980. China acceded to the Paris Convention for the
protection of Industrial Property on November 14, 1984 and became an official member on
March 19, 1985. China acceded to theMadrid Agreement for the International Registration of
Trademarks on October 4, 1989 and to the Madrid Protocol on December 1, 1995. China
acceded to the Nice Agreement concerning the International Classification of Goods and
Services (ICGS) on August 9, 1994. China signed the Trademark Law Treaty (TLT) on
October 27, 1994. Finally, China has patterned its intellectual property law after The
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

While all of these efforts have contributed immensely to bringing China's intellectual property
laws up to internationally accepted standards, a more basic question still remains: Do these
international agreements go into effect directly upon signing or are they only implemented
through the resulting domestic laws of those countries signing the agreements? In China's
case, it appears to be the latter and it has been this translation or interpretation into domestic
law in China that the original intent of these international standards seems to break down.
What is possibly needed is stricter wording in these international agreements that treaty
provisions take precedence over domestic trademark law provisions, and these treaty
provisions must be incorporated exactly as enacted in the signed agreements.

It is clearly not ethical or acceptable that SAM Optics runs out and files trademarks in China
for 19 well know international brands of optical equipment with the sole intent being to extort
a ransom from those companies to purchase back trademarks which those companies
rightfully own by internationally accepted trademark standards. Furthermore, it is absolutely
not acceptable that China, after having agreed to these international standards, fails to
implement them into law or to correctly apply those trademark laws which it has
implemented. How can it be that after all of the work that has gone into setting these
international standards that Leupold and Stevens, Inc. cannot register and protect the
LEUPOLD trademark in China, even in the face of such a case of pure fraudulent intent by
SAM Optics?
 
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