SOTG 304 - SW Controversy Shooting Industry vs Gun Culture

SOTG 304 – SW Controversy Shooting Industry vs Gun Culture
(Smith&Wesson)

Smith & Wesson has found itself once again in a needless controversy. A rash decision, prompted by S&W attorneys, has put them on the defense against a gun culture backlash. Paul discusses in detail the disconnect between the Shooting Industry and the Gun Culture.

During our SWAT Fuel Fitness segment, Jarrad will quite naturally address resolutions and goals. Is it enough to simply set New Year’s resolutions? Is there a better way to achieve your goals?


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From www.recoilweb.com:
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:
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.

The demands are listed thusly:
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;
and
3. 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.

From www.recoilweb.com:
Yesterday we told you about a cease and desist letter sent by Smith & Wesson to certain custom gunsmiths involved in the so-called “Dream Gun” project. It did not go over well.
It did not go over well at all.

At about 08h30 CST today Smith & Wesson Corporation’s President James Debney, a member of the NRA’s Golden Ring of Freedom since 2013, released the following statement.
“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.”
Brownell’s president, Matt Buckingham, likewise issued a statement.
“I have spoken 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.”

It certainly didn’t take the firearms manufacturer long to react to the response their cease and desist letter evoked on social media. That response might best be described as a “shit storm”. That’s apt enough because from a PR perspective the letter and its delivery probably falls under the heading “shit show“. Though many believe S&W’s intent was a righteous one, no one can argue the delivery was abysmal. We’ll see if their speedy response calms things down at all. Personally, I’d like to know if any parties involved actually spoke to one another the old fashioned way — man to man, or at least on the phone. If it wasn’t deemed necessary before the letter, it certainly seems like a good idea now. Then perhaps everyone on both sides can achieve their desired goal.


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Paul Markel: Host of Student of the Gun Radio

Paul G. Markel has worn many hats during his lifetime. He has been a United States Marine, police officer, professional bodyguard, and small arms and tactics instructor. Markel has been writing professionally for law enforcement and firearms periodicals for nearly 20 years, and has hundreds of articles in print. A regular guest on nationally syndicated radio talk shows, Markel is a subject matter expert in firearms training and use of force. Markel has been teaching safe and effective firearms handling to students, young and old, for decades and has also worked actively with 4H Shooting Sports programs. Markel holds numerous instructor certifications in multiple disciplines; nonetheless, he is, and will remain a dedicated Student of the Gun.


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Jarrad Markel: Co-Host and Producer of Student of the Gun Radio

Not just another pretty face, Jarrad Markel has experience and training beyond his years. Jarrad has been training to be a fighter since elementary school when he first learned the art of collegiate wrestling. Now skilled in Jujitsu, Judo, Muay Thai, Sambo, the Way of the Fighting Pistol and Fighting Rifle, Jarrad is a well-rounded, tactical athlete with several professional MMA fights under his belt. More than a brute, Jarrad has brains as well. He is the lead editor and videographer for Student of the Gun and works directly for Think On! Productions creating a wide variety of video material. In addition, Markel is a skilled web & blog designer, building material for the Internet side of the house.


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Paul G. Markel has worn many hats during his lifetime. He has been a U.S. Marine, Police Officer, Professional Bodyguard, and Small Arms and Tactics Instructor. Mr. Markel has been writing professionally for law enforcement and firearms periodicals for nearly twenty years with hundreds and hundreds of articles in print. Paul is a regular guest on nationally syndicated radio talk shows and subject matter expert in firearms training and use of force. Mr. Markel has been teaching safe and effective firearms handling to students young and old for decades and has worked actively with the 4-H Shooting Sports program. Paul holds numerous instructor certifications in multiple disciplines and a Bachelor’s degree in conflict resolution; nonetheless, he is and will remain a dedicated Student of the Gun.

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