Why isn't Brinkman being sued by Mag?

I was browsing the lights at Target today and noticed a 3 LED Brinkman D cell light - my first thought was "geez, I thought mag wasn't releasing the LEDs for a few months". The light looked almost exactly like a standard Mag. And I know their 2 AA lights look alot like mini mags. Why isn't Mag sueing the crap out of them? Or are they? Seems like they would have a much stronger case there than they ever did with Arc...

Don't really know for sure but Brinkmans been at this for years too. If Mag was going to do it I'd have thought they'd do it a couple decades ago. Heck, for that matter the old Streamlight 3 D lights were pretty much like Mags too with only minor cosmetic differences, without picking one up most folks couldn't tell the difference.

I'd assume two reasons:
1. Brinkmann doesn't infringe on their patents so they can't win a case.
2. Brinkmann is a big enough company to withstand any baseless suits.

If it doesn't use Mag's focusing mechanism, or Mag's patented switch, or the circumfrential bezel lettering, I think it's in the clear.

Now, Mag _did_ sue Brinkmann, and won, several years ago. Brinkmann was making an exact copy (I recently handled one, you can't tell the difference without taking it apart) of the Mini-Mag. In that case Brinkmann was just asking to get slapped down.

Mag-Lite also sued Streamlight over their D-cell lights, but I don't think it was until they started using the bezel lettering late in the production run.

I have some of those Brinkmann AAA Minimags and even the tailcaps interchange. Same style focusing, knurling, switch, circumfrential bezel lettering says "BRINKMANN." They even came in a 1AAA size.

But Brinkmann seems to enjoy occasionally thumbing their noses at Mag until they get noticed, like with the focusing Legend. I think it's just "Brinkmannship"...

Wait.. didn't Mag's 17-year patent expire last year?

From Mag's website "event timeline":

"1987 Jury awards Mag over $3.1 million for copying of its flashlights by Streamlight, Inc."

"1990 Jury awards Mag over $1.2 million for The Brinkmann Corporation's passing off of its flashlights as Mini Maglite® flashlights"

Neither Brinkmann nor Streamlight thumbs their nose at Mag, since Mag rubbed their noses in their inequities.

The Legend flashlight from Brinkmann actually predates Mag, since it's descended from Kel-Lites. Following the lawsuit, Streamlight avoided problems by redesigning their similar looking AA aluminum lights like the Streamlight junior. Even their lamp was proprietary, and unusable in Mini-Mags, and the Mini-Mag bulbs could be used in the Streamlight Junior. They even went through a period of using PR based lamps.

Heh, so much formy theory. They both *have* been sued already!

The Legend flashlight was designed by Don Keller, but it's not exactly "descended from Kel-Lites". Don Keller left Kel-Lite in 1972, and Kel-Lite was sold to Streamlight 11 years later in 1983. They made several generations of flashlight after he left. The last 1982/83 (Mag influenced) not-widely-sold Kel-Lite design was the basis for Streamlight's D/C cell lights.

Mag's first light came out in 1979/80 and is basically the same thing they sell today.

I'm surprised Mag hasnt attempted to patent the general idea of a portable handheld illumination device yet

I find it rather odd that people get their panties in a bunch over Mag's legal proclivities, but say nothing whatsoever about how precious ol' Brinkmann came out with a dead-obvious infringement and blatant copy of the MiniMag. Where are you, CPF? Where is all the crap about cloning, knockoffs, etc? I've not seen any threads about this at all. Ever.

It's also funny because panty-bunchers throng to a Mag thread, but fail to realize that this legal jousting happens in every industry, and that they themselves have bought (and far larger purchases than a retail flashlight) and continue to buy from companies that do exactly what Mag does. Do you painstakingly research all the companies you've bought from? Get real, folks, and get over it. It's just soooo tired.

Off my soap box and feeling better now. Where did I leave my coffee...?

Oops, meant the more recent Legend LX, which used to focus, as did the Pelican M6. But if the focusing patent is expired, can't those be added back?

chevrofreak said:

I'm surprised Mag hasnt attempted to patent the general idea of a portable handheld illumination device yet

Click to expand...

They just did, check the MagLED patent, it kinda hits on the claims of "general LED light."