On July 29, 2013, Provident Precious Metals filed a declaratory judgment lawsuit (complaint available here) against Northwest Territorial Mint in the Northern District of Texas.
Provident “seeks declaratory judgment of non-infringement of alleged copyright(s), trademarks and trade dress rights asserted against Plaintiff by Defendant Northwest. Provident further seeks declaratory judgment that any alleged copyright, trademark or trade dress rights asserted by Northwest are invalid and unenforceable.” “Northwest has asserted that Provident is infringing Northwest’s alleged copyright, trademarks and trade dress rights by selling copper in the shape of the common and well-known .45 caliber ACP ammunition. Provident denies that it has infringed any copyrights owned by Northwest regarding metals with intrinsic value, such as platinum, gold, silver and copper, shaped in the form of ammunition. Provident further denies that is has infringed any trademarks or trade dress rights owned by Northwest relating to replica ammunition-shaped metal products, including, but not limited to, .45 caliber ACP ammunition.”