Sorry about that; fixed it.
Who pray tell owned the henry name in 1996? 130 years after the fact? Only Winchester would have a claim to that, Henry was a sub contractor and all his patents where assigned to Winchester.
One may take that up with the nice publishers at NRA (American Rifleman), who stated this in the above-referenced article, "...Imperato acquired the Henry Repeating Arms brand in 1996...".
I had read that that statement to mean that something was purchased from somebody, but it seems a more precise statement (than the one in American Rifleman) may be found in the
Wikipedia entry for Henry Repeating Arms, which states "...the company resurrected the Henry name in 1996...", which doesn't seem to suggest a purchase from anybody, but a new construct intended to evoke a certain tradition.
If this is the case, it would appear that there was no transfer of intellectual property (such as in the McDonnell-Douglas or Marlin examples I provided in the earlier post). I drew this inference (perhaps too hastily) from the statement in American Rifleman, which now appears questionable.
This said, given that Henry Repeating Arms is invoking the legacy of the original Henry (which is strongly suggested by the
company's history page), if somebody else did own the rights to that name, then it's plausible that somebody would assert that right at some point. Hence, it's reasonable to suggest that the new "Henry" is indeed a new construct.
As to patents, they are not an area of expertise for me, but I don't think that they would last for 130 years (e.g. that Rossi makes a clone of the Winchester suggests that something's lapsed).
All of the above stated, I return to my previous statement, to wit: "More relevant to what I think is the point that matters, Henry makes well-built, good-looking and functional products and from what I can tell stands behind them."
Still more importantly in the end - I intend to be out later this week shooting the Henry I own (and a few other things as well) with my kids.
Sorry for the rambling and the thread hijack, and for my part in taking us into the weeds
.