Cold Steel's new use of the "American Tomahawk Company" name

Andy Prisco

Andy Prisco

Joined
Nov 2, 1999
Messages
2,805
It has been brought to our attention recently that Cold Steel Inc., of Ventura, California, is beginning to mark its Tomahawk handles with a label, "American Tomahawk Company, Est. 1992".

While Cold Steel Inc. indeed filed a trademark application to use the mark "American Tomahawk Company" in 1992, its "supplemental" status and complete lack-of-use since its filing does not provide for exclusive use of the mark. Cold Steel's new use of this mark is now causing confusion to the purchasing public. Never before has the mark "American Tomahawk Company" been sufficiently identified to Cold Steel, as it has not been in any of their catalogs, websites, or marketing materials for its dealers previously.

Cold Steel is not, nor has it ever been, licensed by Peter LaGana, Founder of the original American Tomahawk Company in 1966, the use of his brand name, product names, or company history. Cold Steel is in violation of American Tomahawk Company, LLC's express license agreement with Peter LaGana. American Tomahawk Company, LLC has also never sub-licensed Cold Steel Inc., the use of its brand name.

It is the position of American Tomahawk Company, LLC that Cold Steel's use of our brand name is a grievous insult to the legacy of Peter LaGana and the original American Tomahawk Company, as Cold Steel's use of the mark suggests that its Tomahawks are made in America, which they are NOT, and made by American Tomahawk Company, LLC, which they are NOT.

It is our hope that the purchasing public will see through Cold Steel's attempt to assume the brand recognition that American Tomahawk Company, LLC has worked hard to establish throughout the world as a manufacturer of the finest American-made Tomahawks that see use on today's Battlefield, and the ONLY company ever licensed by Peter LaGana the use of his original company name and history from 1966.
 
Hey Andy....

If it all goes well,, you could be looking at a nice retirement package...

To compare yours with CS is laughable...


ttyle

Eric....
 
If they have a supplemental status does it not mean they can use the title as a supplement to the name cold steel . I noticed you said insult but nothing about illegal . What have your attorneys said ?
 
Since American Tomahawk Company, LLC has developed an indisputable brand identity of "American Tomahawk Company" that is known within our industry today, Cold Steel's use of the mark now, even while it holds a supplemental registration, causes confusion and creates a host of legal issues because they have not used it at all, to date.

Our intellectual property counsel has advised us as to the lawfulness of Cold Steel's use of the mark "American Tomahawk Company", and in short, Cold Steel's recent use of the mark at this time allows for the mark's cancellation at the PTO.
 
Andy ,

I understand and can somewhat agree with your position but , as you well know Intellectual property disputes are a nasty area . Whether they used it or not they may have beaten you to the mark as I'm sure you legal team has told you . Good luck in any event as your company builds a fine Hawk .
 
Thank you Jerry. "Priority of Use" is indeed one of their claims, and you are right...IP law is indeed a nasty area.

However, we believe this issue is pretty cut and dry and so does our Counsel thankfully.

Be well.
 
First the problems with Hayes and now Cold steel.

How come you guys seem to be getting all of the legal bad luck?

Hope it goes well.
 
Tell me about it! ;)

But seriously, believe it or not, this kind of thing happens every week in our industry.

Ernie Emerson for example, fought his way to where he is now, with the entire industry seemingly working against him at times...he has been knocked-off and copied and abused by more companies than most. His example and friendship have been great sources of comfort for me during this time of American Tomahawk's growth.

The same is true of Gary Fadden, who re-built a tumultuous Al Mar Knives from the ground up and he will be the first to report that it was an almost impossible task. He too, I am proud to call friend.

I don't know why American Tomahawk has been burdened with these attacks, but both of these men, and others, have said the same thing to me, "Don't give up...you're fighting the good fight."

I'm inclined to believe them, take heart, and keep going.
 
Good luck Andy. They can use the name all they want but people who've handled your product will never believe theirs is from the same company. There is always a whole crew of beat offs waiting to ride the coattails of sucess.

MO
 
I am always disheartened when I see litigation used for personal gain. I favor a return to choose-your-weapon dueling, where I would always feel comfortable with a knife and hawk, and it would be an ATC hawk at that!

There is no doubt that Andy honors the origonal maker with just and rightful compensation, no one else has done this, and I am sick of seeing veterans get screwed by non serving business men. Andy is doing the right thing by Peter, and that is what matters here. It is clear who is displaying honor, and honorable men do not hide behind lawyers.
 
I agree to that Big-Target. I bought their stuff knowing that through all the crap talking they made good stuff, but this really shows the measure of their integrity.
 
As to why ATC is involved in so many of these problems it is simply because Andy and company are pressing on the forefront of Tomahawk design. They have done a lot of work to make a name for themselves based on quality and support. It is far easier to try to ride on someones elses name than try to make one for yourself and the more successful you are the more of this you are likely to see.

I agree with the above, it is very poor form for Cold Steel to use the name now and I would not support Cold Steel in any way. A very quick message would be shot back to them if all blade forum dealers dropped them from their line.
-Cliff
 
Andy,

If there's any little piece of good from this, it's the fact that, if you weren't doing such amazing work in this field, nobody would wanna copy you or ride on the name!

Keep up the good fight!

~B.
 
I usually do not say much but this one upsets me.

Some people place a lot of value on a name, but a truly discerning buyer will also look for quality. A name cannot disguise true quality. You can technically call any sharp piece of carbonized iron a knife and give it a catchy and attractive name; maybe even mimic someone else’s name, but I don’t think anyone will truly be fooled. The pride and quality in craftsmanship will always shine through in a product. The quality of service a business shows its customer base is extremely important. I have conducted business with you and I am using your products. I give your company superior ratings for service and a quality product!

You have a fight on your hands but rest assured; your business will not suffer. If you want a piece of iron on a stick, then you probably will not spend a lot of time deciding what and where to purchase. If on the other hand you want a Tomahawk, one that lives up to the legends, then your choice is clear. Andy Prisco’s American Tomahawk Company!

Crucible 40
 
Andy best of luck with CS , hope everything works out.

I recieved my VT TAC hawk today......awesome!!! thanks for everything!

I am working on destroying a new project , I will post pictures and a report in the next few days.


Thanks again Andy , I am behind you 100% all the way.
 
Well you know Andy if you didn't make sure awesome products no one would bother stealing your designs and names.

Phil
 
Andy, go get the bastards...I for one will throw out my two Voyagers and NEVER BUY from them again.
 
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