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$16,700,000 for insulting your brand?


ksdaddy

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There's a brand of entry level guitars called First Act, I'm sure everyone has at least seen one, if not played or even owned one. Their image isn't great, people look at them as toys, junk, 'beneath them', whatever. They didn't help matters by using a name like 'First Act'. In the 80s I sold Gorilla amps and Banana tuners in my store and had to immediately go on the defensive, not anything to do with the quality but rather explaining to a teenage boy why he should spend his money on something with such a stupid name.

 

I don't consider First Acts to be junk. True they have cheap hardware but that goes with the price...'you get what you pay for'. Not getting Schaller M6's on an $89 guitar. To me, they serve a market just like Squier Affinitys do. Nobody expects much out of them and if they forget the brand name and be honest, they discover they're good guitars for the most part. Same could be said for some of Gibson's entry level stuff like the Maestro. I've had a couple FA's come through here and with a half hour's worth of grooming, they're pretty darn good. Mainly dressing fret ends, oiling and polishing the boards, which are always dry as toast. One of these days I plan to buff a neck and get rid of that flat finish, just to see what it would feel like with what I personally prefer (glossy).

 

So I asked myself, who is First Act? Is it some faceless company or are they guitar people? Is there a Henry? Is it a subsidiary of Katsumoku Industrial Piping and Fish Net LLC?

 

I googled and didn't get much of an answer, other than to find that they do have a custom line made in Mass, which I had heard about (and seen some scary 'non-First Act' prices on). One thing that jumped out at me was this quote from Wikipedia:

 

The company has received much criticism from music educators who claim that First Act band instruments, targeted at beginning students, are of low quality, are irreparable, and that replacement parts are difficult to acquire. In 2003, First Act instruments filed a lawsuit against music retailer Brook Mays, who published a list of instrument brand names, including First Act, they perceived to be low quality, calling them "Instrument Shaped Objects." The lawsuit was settled with First Act receiving $16.7 million.

 

Seriously? Sixteen million dollars because of an insult? Maybe there's a whole lot more to the story than this. I hope so. Cripes, as litigious as people are, I could get sued for saying Gorilla amps have a sucky name.

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Search provides this link, from nine years ago:

http://www.insurancejournal.com/news/east/2006/07/10/70224.htm

 

I didn't find anything when searching for appeals.

 

Defamation is neat thing. It's worth reading about:

https://www.eff.org/issues/bloggers/legal/liability/defamation

 

If I, some random guy on the internet, were to say First Act makes junk, then it's just my opinion, and I don't have the gravitas to make the statement meaningful. And what is "junk"? It rings of pure opinion. But when a 100 year old musical instrument vendor makes the statement, it's a bit trickier as they do have the gravitas to assess the quality of an instrument. They'd need to prove that First Act merchandise is, in fact, instrument-shaped objects. That's tough to prove as the objects are actually somewhat playable and quality is rich with nuance.

 

But it's still BS. I'm waiting for the "right to never be offended" amendment to the constitution. Should be any day now.

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I've seen First Act stuff around for awhile. I think Target used to, and still might carry their instruments and accessories.

 

About 10 years ago, Volkswagen had some new car gimmick where the car came with a guitar that could be plugged in and played through the stereo system. If I remember correctly they even used Slash in the commercial and the guitar was a First Act. :-k

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I didn't find anything when searching for appeals.

 

The threat of an appeal is a bargaining chip. The case actually went to trial, and a jury found against Brook Mays to the tune :) of $20 mill. First act knocked off $4 mill and settled so they wouldn't have to endure the expense (and possible remand to the trial court) from an appeal. Apparently First Act could show that their business was really damaged by Brook Mays' pronouncement.

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I've never owned a first act product -- but I remember when Danelectro and Danelectro built (Sears) Silvertone guitars were considered "el cheapo" guitars. Now the originals are worth a lot of money, and Jimmy Page made his Dan-o sing on more than one occasion.

 

I would expect them to be worth what you paid for them and not much more. I don't think anyone in their right mind would put them in the same league as the lowest price Gibson.

 

Insights and incites by Notes

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Beginners are needed in the market or there will be no pros.

 

I don't remember the name of my first guitar and don't care. My second was a Gibson and it's hanging on the wall......

 

The one thing I've never found useful is lawyers.

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IMO our country is going nuts. Our Supreme Court grants writs of Certiorari even when the appellate courts of the individual states affirm or deny a decision based on facts and within existing guidelines and the "Constitutional" law of the State or Commonwealth in question.

 

We are a litigous society, generally speaking. Big money in it for the attornies, as well as the 'prestige' and 'power' granted the justices.

 

Lord help us!

 

Gonna go check out one of them crappy Stage Left guitars... [flapper]

 

Brian

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