Drum Roll Please...This post is centered on the drumstick
industry and the law. After tenuous research, I have come to find that
drumstick companies haven’t created any buzz whatsoever when it comes to legal
issues. I have researched such legal issues as trademark infringement, product
liability, or contract infringement. It’s pretty funny how companies like VicFirth, Regal Tip, Pro Mark, Zildjian and others have avoided legal issues
through the power of protecting their brands and product line.
This month, I have been learning about Entertainment Law. The
first week’s lecture was based around terminology, liabilities, and contracts.
One of the topics discussed was product liability. Companies usually protect themselves by
putting warnings and disclaimers on their products. I own a fresh pair of “?uestlove” Signature
Series Vic Firth Sticks which are still within the packaging; however, it does
not contain any warning or disclaimer. I
also have a pair of Regal Tip Brushes still with the packaging and have also
found it does not contain any warning label or disclaimer on the packaging. This
stirs my curiosity.
After having played drums for almost 5 years, I have
encountered certain issues when playing with any pair of drumsticks. These issues include the obvious breaking of the
sticks, as well as blisters and calluses on my hands. The blisters have been
caused by improperly holding the sticks.
However, I wonder can the company still be held liable by the
percussionist if the drumsticks are not identified with a disclaimer reflecting,
WARNING: This product may cause blisters, splinters, and any other wood related
injuries. Beware of the sticks breaking while being used. I can also recognize
liability when it comes to children using the product. Putting an age limit
would help protect the company if a child were to hurt themselves using their
product. I guess it goes to show that when it comes to these products such as
drumsticks, mallets, brushes, hot rods etc. a warning is not necessary (I am
currently laughing).
My research leads me to conclude that no one has poked their
eye out with a drumstick yet, therefore, these companies have been safe from
lawsuits. Looking forward into my future I definitely plan to legally protect
myself a little bit better than these companies when it comes to liability.
Thanks for reading and as always keep on drumming.
(The click-through links provided are click through links to the warranties and disclaimers for use of their websites for the companies listed above)
