S&W Sends Cease and Desist Letter to Custom Gunsmiths

[alfsauve]

From Recoil Magazine.

Late last week the special Smith & Wesson M&P build for the Brownells Dream Guns Project was announced. Today the parties involved, to include Apex Tactical, Brownells, DP Custom Works, Blowndeadline Custom, and SSvi all received a Cease & Desist letter from a law firm representing Smith and Wesson. In part that letter included this:

Read more: http://www.recoilweb.com/sw-sends-cease-and-desist-letter-to-custom-gunsmiths-80507.html#ixzz3v9eiXT00

Is this just a CYA move from S&W over safety concerns and their liability once the gun has been modified?
This could include not just custom gun modifiers, like Suarez I, but any 2nd source replacement parts provider.

Parallel thinking.  Could GM/Ford/etc sue 3rd party manufacturers of parts/upgrades for their cars?  "Maaco put on warning for painting cars in non-approved colors.   Car warranty could be voided."





Spoiler Alert:  Don't scroll down if you don't want to see the ending ahead of time.




After numerous meetings at the Shot Show, mediated by NSSF, custom gun makers and parts providers will include a stern warning with their product that the base guns (S&W, Glock, whatever) are no longer covered by manufacturers warranty nor are the original manufacturers liable for any safety issues arising from the modifications.

[jaybet]

Reading this (and some links) it sounds to me like S&W might be ok with it if they machined all S&W markings (logo, s/n, etc.) off the gun, because they keep referring to the logos.  They don't want their logo and name used on bastardized units.

[tombogan03884]

S&W has a consistent history of ducking over their own market.

[Michael Bane]

I'll be talking to Randy and Scott at Apex this morning…

mb

[Big Frank]

"Your advertisement and display of the Infringing Product to promote your gunsmithing services, and other products and services, constitutes misuse of Smith & Wesson’s trademarks and must cease." So gunsmiths can't do gunsmithing anymore?

[Sponsor]

[Michael Bane]

S&W is walking it back...from Brownell's:

Smith & Wesson, Brownells Clarify Brownells/Apex Dream Gun® Issue

James Debney, President and CEO of Smith & Wesson, said, “I would like to clarify that we fully support the Brownells Dream Guns® Project and we appreciate that it showcases the many ways in which our customers – loyal fans of our M&P brand – can choose to customize their M&P firearms.  Our decision to contact the companies that worked on the project was intended to protect the trademarks that support the M&P brand.  When a product bears the Smith & Wesson and M&P trademarks and is purchased new with our lifetime service policy, we want to be sure that the consumer knows it has passed our demanding quality standards.  In our efforts to protect that promise and to preserve the brand that we and our customers cherish, we did not fully understand the intent of the Dream Guns® Project and we overlooked the opportunity to convey our enthusiasm for the creativity and innovation that Brownells and all of the companies involved have demonstrated.  We look forward to seeing the firearm on display at the upcoming SHOT Show in January and at the NRA in May.”

“Yesterday I spoke with James Debney, President of Smith & Wesson, who called me regarding the M&P® Brownells/Apex Dream Gun®,” said Matt Buckingham, Brownells President. “It was a simple misunderstanding about the intention of the project.  He made it clear that Smith & Wesson is excited to have their product featured in this fun and unique way.  For our part, we are honored to include it in our Dream Gun lineup. Smith & Wesson is a legendary brand in this industry and we continue to be proud partners with them.”

Brownells Dream Guns® are inspirational firearm builds to provide customization options and ideas for customers who may wish to personalize their own firearms. The guns are not sold as is, and are used on Brownells’ website and at tradeshows to display Brownells’ wide selection of items available to customize firearms.

To view Brownells’ full listing of Brownells Dream Guns®, visit the Dream Gun Page at Brownells.com.

However, it doesn't seem to me to be an unconditional apology and/or repudiation of the infringement issue. Gunsmiths selling "ready for competition" guns that are fitted with parts from different suppliers is hardly a rare phenomenon...I've bought a few myself over the years.

Interesting...

Michael B

[Solus]

Why does S&W always seem to buy shoes with bullseyes on them?

[Big Frank]

Most of the pistols Brownells has built are 1911s and most of the rifles are AR15s. S&W should be happy their pistol was picked.