S&W sends cease and desist to BDL, Apex, SSVI, and Brownells.

[Battle Cock]

Several sources are posting images of a cease and desist order directed towards BDL, Apex, SSVI, and Brownells claiming infringement of intellectual property in the modifications performed or promoted by the listed companies.
Details are a bit short right now, but I get the impression that S&W's best legal justification here hinges on the "rebranding" of their products. The reactions I've seen so far from those targeted have been justifiably aggravated but a part of me wonders about the wisdom of reacting publicly so quickly. (Despite the outcry it is raising)

That said, what the hell?? I see no possible situation in which this is a good move for S&W. They are in many ways trying to stifle modifications to personal property, and innovation in general.

I had planned to buy a M&P 9 in the near future with the intent to fully customize it. But if this is as petty as it seems then there is no way S&W with get a dime from me unless they drop the issue.

Ballistic Radio noted on Facebook that one of S&W's demands includes the forfeiture of all S&W products.

https://www.facebook.com/ballisticra...type=3&theater

https://www.instagram.com/p/_miiI5F8...en-by=ssvi_llc

http://www.thetruthaboutguns.com/201...ermarket-mods/

[RiverRat]

Edited to remove intitial comment.

ROFL - I just saw the letter. Their problem isn't "missing" logos......its that a logo is still there (on the frame) and that the pistol is still being called an M&P after extensive modification.



I can't see how display of this on Brownell's and at SHOT would have done anything but provide free press for S&W.....seems like they shot themselves in the foot.

[Battle Cock]

Reading the pages posted on Ballistic Radio's page actually indicates that S&W takes issue with the fact that the modified pistols are still marketed as M&P pistols and retain their trademarks.

As if anyone would believe that any handgun with that level of custom sophistication would be marketed by S&W from the factory and warrantied as such.

I'm still not clear on what they are trying to accomplish. I see no damages except what they are doing to their own sales through the bad publicity they are producing here.

Edit: just saw your edit. And I completely agree.

[Battle Cock]

BDL just posted the following:

[RiverRat]

The irony here is that when you look at Stag getting hammered for record keeping then look at this.......don't the customizers HAVE to call it a S&W M&P so that the serial number is ATF-traceable?

Catch-22.

I had been thinking about a threaded full size M&P9 as a suppressor host too - not anymore (I don't like companies that are so influenced by bean counters and stinking lawyers).

[Farva]

For some reason when I read things like this, that seem to be nothing but pettiness at its finest, I just imagine a bunch of babies dressed as CEO's crying about a few dimes lost here or there. Or just making waves to make waves.

[DutyUse]

On a positive note. The photo of the MP in question is sick!

[RiverRat]

For some reason when I read things like this, that seem to be nothing but pettiness at its finest, I just imagine a bunch of babies dressed as CEO's crying about a few dimes lost here or there. Or just making waves to make waves.

Unfortunately, owners have to actively defend their property to maintain protection under the law.

I simply think this just wasn't the right way to handle it - the whole thing could have started with a phone call or an offer of a single-use license (in which the warranty could be clearly voided).

In a similar vein, I wonder how much goodwill (and revenue) ETS got from the stink Magpul cause with their cease and desist. I know it put ETS in my "products to consider" bucket. Likewise, this is probably great press for Apex and BDL.

[UWone77]

I'm going to cut and paste a response from my buddy Ty at Midwest PX who summarized this better than I could.

Smith & Wesson isn't saying you can't modify your guns. The issue is trademarks. Read, comprehend, then post.

[MonkeyBomb]

I just nuked S&W on my page.

S&W is upset that their logo was left on the gun. That's stupid.

It's the equivalent of Ford being mad that BigFoot left the blue oval on the truck. You would think that they would be happy that they used their product to make a sweet semi-custom pistol.


Or Dodge getting pissed off that I put bigger tires, nice rims and tried my hand at some custom painting on my truck.

They are eating their own.

I may reach out to blown deadline for a little custom work I have been putting off.

[Battle Cock]

I'm going to cut and paste a response from my buddy Ty at Midwest PX who summarized this better than I could.

I hear ya, trademarks are definitely at the core of this. However, I still don't see the point. Even if they have a legal right for dispute, I don't see why they would have a vested interest in doing so. Especially if it's over just one gun that would have resulted in positive publicity for the company.

[Battle Cock]

I was having a conversation with a buddy a couple days ago regarding the difference between the best way to do something, and the most effective way to do it. S&W is trying to protect their trademark with legal action. This, if it has merit can be very effective.
However, the most effective way to do something is often not the best course of action. For instance, the most effective way to help someone stop sneezing is to shoot them several times in the head. They will never sneeze again. Now obviously, that's extreme, and it's definitely not the best way to accomplish the goal.
In very much the same way, S&W chose an action that though effective, created consequences for themselves and it targets people who obviously had great appreciation for one of S&W's products.
The known details of this situation would have to change immensely for me to support S&W's actions here.

[fledge]

S&W was the brand the SB terrorists used. I would think they'd want a bit of positive spotlight from the public these days, trademark issue or not.

[SwissyJim]

Wow, they'd hate to see what I did with my M&P15-22!

Is it merely their way of covering their asses so if/when something goes BOOM from a home done modification then they are sued? I could see... just maybe.. the APEX trigger in that scenario, but c'mon.. BDL? A paintjob is against their rules? Or even some custom milling? OooOOoOoh, don't touch your S&W! They will sue you, the guy that gave them money for their product.

I understand their trademark, image, etc... but this is a really horrible way to go about it. Gun guys are like gearheads... stock is never good enough.And that gun posted is badass... I would happily waiver the warranty to own that.

Well, I'm selling my Shield in favor the the Sig 239 anyways so I don't have to worry about it.

[Battle Cock]

Just to be clear guys, S&W isn't forbidding its customers to modify their guns, they are just being dicks to people who modify guns for a living.
I mean... They are demanding that the firearm above be handed over to them.