Earlier this week, Smith & Wesson’s lawyers sent out a slew of Cease & Desist letters to companies that made modification to their M&P line of pistols as part of the Brownell’s M&P Dream Gun project. Specifically, S&W was concerned over use of their trademark.
It has recently come to Smith & Wesson’s attention that you have developed and are promoting for sale an “M&P Dream Gun,” (the “Infringing Product”). To create this product, you have modified an authentic Smith & Wesson M&P 9mm pistol by, inter alia, changing the grip texture and shape, machining the slide, and adding numerous accessories and replacement parts, while retaining the S&W Logo on the product. The December 18, 2015 Apex press release announcing this product and explaining Apex’s intent to exhibit the Infringing Product at the January 2016 SHOT Show exhibition is attached to this correspondence as Exhibit B. The numerous alterations made to the original design of Smith & Wesson’s firearms constitute not only unauthorized modifications to Smith & Wesson’s proprietary designs and misuse of Smith & Wesson’s trademarks, but present significant safety and quality concerns. Indeed, these modifications void the Smith & Wesson factory warranty on these products. 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.
But that wasn’t all. They went on to make some rather serious demands.
These intellectual property and safety and quality concerns are extremely serious and demand your immediate attention. Accordingly, we demand that you:
1. Confirm in writing that neither you nor any third party will display the Infringing Product, or any similar product, at the 2016 SHOT Show or make any other commercial display or promotion of such Infringing Product;
2. Cease the sale of any firearm modified by you or any other third party that bears any Smith & Wesson trademark, including, but not limited to the S&W® Marks or the M&P® Marks;
and3. Turn over to Smith & Wesson your inventory of the Infringing Product, or any Smith & Wesson product modified by you in the first instance that bears any mark owned by Smith & Wesson.
If we do not hear from you by January 5, 2015, Smith & Wesson will pursue its rights and remedies to the fullest extent permitted by law without further notice to you.
Naturally, these letters hit the internet and the backlash was swift. Fortunately for S&W they jumped on the grenade and have released a joint statement with 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.
What’s so ridiculous about this entire “misunderstanding” is that it could have been prevented with a simple phone call. S&W needs to seriously reconsider its relationship with its current legal counsel. These boneheaded C&D letters have cost them immeasurably in customer goodwill and made them look like buffoons. Other brands take note. Don’t pull a Smith & Wesson; especially right before SHOT Show.
