S&W Legal Reps Letter to Aftermarket Vendors

Paul105 · December 23, 2015, 10:43 AM

Not sure if this is the right forum, if not please move or close as appropriate.

Does S&W have a legal leg to stand on here?

http://bearingarms.com/sith-wesson-loses-minds/

FITASC · December 23, 2015, 11:31 AM

Link not working for me.

Is this about Apex and others?

Paul105 · December 23, 2015, 11:52 AM

bearingarms.com/sith-wesson-loses-minds/ yes, "sith", not smith

Yes, the letter is addressed to:

Apex
Brownells
DP Custom
Blowndeadline
SSVI

Paul

Armed_Chicagoan · December 23, 2015, 12:25 PM

The letter is dated December 22, 2015 and they want a response to the letter by January 5, 2015.

When did time travel become possible?

Anyway, S&W backed off: http://bearingarms.com/smith-wesson-...ct-apologizes/

2ndsojourn · December 23, 2015, 01:01 PM

Next, Ford & GM will be sending out similar notices to hot rod shops for basically the same thing??

**Frank Ettin** · December 23, 2015, 01:30 PM

Smith & Wesson must protect its trade mark or lose its rights to protect it. I have no idea how those companies might of might not be infringing on the S&W trade mark, but trade mark law is very arcane and highly technical.

Technosavant · December 23, 2015, 01:33 PM

Just to update: S&W has rescinded that cease & desist. Sounds like an overzealous legal counsel + a misunderstanding = embarrassment.

Looks like the original link was updated with that information as well.

Paul105 · December 23, 2015, 02:13 PM

Glad to hear S&W did the right thing. I didn't figure they would pursue once public opinion kicked in. I was really interested in what kind of a legal case S&W had against the aftermarket vendors, which Frank mostly answered.

Paul

**Frank Ettin** · December 23, 2015, 08:54 PM

Quote:

Originally Posted by Paul105

.. I was really interested in what kind of a legal case S&W had against the aftermarket vendors,...

No way to know without know exactly what yanked S&W's chain.

NJgunowner · December 24, 2015, 06:08 PM

I have a feeling this was some over zealous lawyer who saw the add and went nuclear without understanding the business aspects or concepts. Either that or some new guy at S&W who hasn't learned the business.

**Aguila Blanca** · December 25, 2015, 10:42 AM

The Dream Gun project was a group effort of Brownells and several parts manufacturers to showcase both aftermarket parts and custom gunsmithing. The pistol that happened to be chosen was a S&W M&P. Apparently, some lower or mid-level legal beagle at S&W got wind of the project and thought Brownells and/or the other companies involved were going to be selling these pistols as a model, with the S&W name still on it.

Once the CEO of S&W got involved and figured out what was really going on, he made the necessary apologies and rescinded the cease-and-desist order. Overall, it was not S&W's finest hour, but perhaps not as bad as signing up with Clinton's Marauders a number of years ago.

Glenn E. Meyer · December 25, 2015, 02:15 PM

http://www.thefirearmblog.com/blog/2...-desist-order/

Update on SW's actions.

johnwilliamson062 · December 27, 2015, 08:01 PM

Big corporation and you can't expect all of the employees and contractors to have a complete understanding of every aspect of the business.

Of curse, I'm sure those companies would feel much better if SW commissioned a "Dream Gun" edition of the M&P. A limited 1000 gun run with a little cobranding would probably smooth things over. Probably wouldn't have trouble selling them either.

December 23, 2015, 10:43 AM	#1
Paul105 Senior Member Join Date: March 26, 2007 Location: Montana Posts: 343	S&W Legal Reps Letter to Aftermarket Vendors Not sure if this is the right forum, if not please move or close as appropriate. Does S&W have a legal leg to stand on here? http://bearingarms.com/sith-wesson-loses-minds/

December 23, 2015, 11:31 AM	#2
FITASC Senior Member Join Date: December 6, 2014 Posts: 6,446	Link not working for me. Is this about Apex and others? __________________ "I believe that people have a right to decide their own destinies; people own themselves. I also believe that, in a democracy, government exists because (and only so long as) individual citizens give it a 'temporary license to exist'—in exchange for a promise that it will behave itself. In a democracy, you own the government—it doesn't own you."- Frank Zappa

December 23, 2015, 11:52 AM	#3
Paul105 Senior Member Join Date: March 26, 2007 Location: Montana Posts: 343	The link works when I click on it. bearingarms.com/sith-wesson-loses-minds/ yes, "sith", not smith Yes, the letter is addressed to: Apex Brownells DP Custom Blowndeadline SSVI Paul

December 23, 2015, 01:30 PM	#6
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	Smith & Wesson must protect its trade mark or lose its rights to protect it. I have no idea how those companies might of might not be infringing on the S&W trade mark, but trade mark law is very arcane and highly technical. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

December 25, 2015, 02:15 PM	#12
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	http://www.thefirearmblog.com/blog/2...-desist-order/ Update on SW's actions. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

December 23, 2015, 12:25 PM	#4
Armed_Chicagoan Senior Member Join Date: July 18, 2013 Location: Albany Park, Chicago Posts: 776	The letter is dated December 22, 2015 and they want a response to the letter by January 5, 2015. When did time travel become possible? Anyway, S&W backed off: http://bearingarms.com/smith-wesson-...ct-apologizes/

December 23, 2015, 01:01 PM	#5
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	Next, Ford & GM will be sending out similar notices to hot rod shops for basically the same thing??

December 23, 2015, 01:33 PM	#7
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 4,040	Just to update: S&W has rescinded that cease & desist. Sounds like an overzealous legal counsel + a misunderstanding = embarrassment. Looks like the original link was updated with that information as well.

December 23, 2015, 02:13 PM	#8
Paul105 Senior Member Join Date: March 26, 2007 Location: Montana Posts: 343	Glad to hear S&W did the right thing. I didn't figure they would pursue once public opinion kicked in. I was really interested in what kind of a legal case S&W had against the aftermarket vendors, which Frank mostly answered. Paul

December 24, 2015, 06:08 PM	#10
NJgunowner Senior Member Join Date: February 13, 2009 Location: NJ Posts: 1,254	I have a feeling this was some over zealous lawyer who saw the add and went nuclear without understanding the business aspects or concepts. Either that or some new guy at S&W who hasn't learned the business.

December 25, 2015, 10:42 AM	#11
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,468	The Dream Gun project was a group effort of Brownells and several parts manufacturers to showcase both aftermarket parts and custom gunsmithing. The pistol that happened to be chosen was a S&W M&P. Apparently, some lower or mid-level legal beagle at S&W got wind of the project and thought Brownells and/or the other companies involved were going to be selling these pistols as a model, with the S&W name still on it. Once the CEO of S&W got involved and figured out what was really going on, he made the necessary apologies and rescinded the cease-and-desist order. Overall, it was not S&W's finest hour, but perhaps not as bad as signing up with Clinton's Marauders a number of years ago.

December 27, 2015, 08:01 PM	#13
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	Big corporation and you can't expect all of the employees and contractors to have a complete understanding of every aspect of the business. Of curse, I'm sure those companies would feel much better if SW commissioned a "Dream Gun" edition of the M&P. A limited 1000 gun run with a little cobranding would probably smooth things over. Probably wouldn't have trouble selling them either.