The Drumsmith Alliance for the Percussive Arts
To the members and friends of the Drumsmith Alliance for the Percussive Arts: In April 2009 our organization was drawn into a trademark litigation that was initiated by an online parts re-seller over a meta tag that appeared in the source code of drumsmith.com. The meta tag was placed in the source code at drumsmith.com in 2005 after the Plaintiff contacted drumsmith.com's administrators seeking free advertising and promotion for the launch of their new company. The Plaintiff's's sole request to remove the meta tag came to us in the form of a lawsuit filed in April 2009 alleging trademark infringement. The meta tag was removed the day the complaint was received. The matter could have been settled with a single phone call or email. Shortly after we received a demand letter from the Plaintiff which included a request for $5000.00 to cover "legal fees" and a demand for a "confidentiality clause". In August 2009 the Plaintiff voluntarily dismissed the lawsuit. Drumsmith declined Plaintiff's request for a $5000.00 payment and confidentiality clause. In exchange for Drumsmith's guarantee not to file a counter-suit, the Plaintiff agreed to our demand for a "no contact" provision (which includes language similar that found in a restraining order). The negotiations also resulted in the relinquishment of ownership of a similar domain name (drumsmyth.com) that infringed Drumsmith's trademark and copyrights. The Directors of Drumsmith have decided not to issue any formal public response or press release with regard to this matter at this time. We believe the Plaintiff, by engaging in this type of litigation, was seeking publicity for itself, its owners and directors and its affiliated companies. We believe that acknowledging the lawsuit through a formal press release would only reward the Plaintiff's cynical, predatory behavior. In the interest of clarity and full disclosure we have posted links to the Plaintiff's email requests for advertising on drumsmith.com, the Plaintiff's original demand letter and the final agreement. The successful defense and vindication of our organization in this matter was not without cost. Industry Patrons, friends and several high profile drummers who recognize the value and importance of our organization and the work we do for the drumming community have donated a number of goods and services toward the Drumsmith.com legal defense fund. Products and donations are continuing to arrive. An eBay auction in support of the Drumsmith.com legal defense fund will begin in July 2010. Our thanks to everyone for your support, patience and understanding. Ronn Dunnett per: DAPA Drumsmith.com LDF
Patrons: Craviotto Drum Company (5.5 x 14 Mahogany snare drum signed by Johnny) |