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Not 100% (again) but after a quick check the word "Whisper" is trademarked and I couldn't find a patent for the 300 Whisper design on the USPO site. I'm fairly sure that if it had been patented JD could have sued over the 300 Fireball, 221/300 and easily won. My ASSumption is that he know about or heard of the idea before making the marketing push that he did and just took the Trademark route because he knew he wouldn't be able to get a patent on the idea. --ST
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