So Battle Born Munitions has sued Dick's for breach of contract and fraud.
bit DOT ly/BBMcomplaint ^full text of the complaint
tl;dr: >Dick's contracts with BBM to import a ton of ammunition headstamped and packaged under the Field and Stream trademark >this trademark is owned by Dick's >when the ammunition arrives, Dick's refuses to accept delivery or pay for it >because it's headstamped with a trademark owned by Dick's, BBM can't sell the ammo to anyone else or they'll be sued for trademark infringement >as a result BBM is forced to pay for the storage of the ammunition while Dick's drags their feet >due to this and not getting the money for the ammunition, BBM doesn't have enough cash to put up the downpayment on a helicopter deal they brokered with Bell and Lebanon, and lose millions of dollars in potential profit as a result
Why, you might ask? >Dick's expected a massive panic buy in 2017 because they assumed hillary would win >they want to have a huge ammo supply so they can jack up the prices and exploit the panic >but having a ton of unsold inventory devalues your stock, plus you have to pay to store it somewhere >so Dick's decides to simply pass off these costs to BBM, forcing them to hold onto the ammunition until the panic actually starts >when the panic doesn't happen, they decide to simply blow off BBM entirely so they don't have to pay for ammunition they know they're not going to sell, and BBM has to eat the cost for a ton of inventory that is literally worthless to anyone but Dick's
Will Dick's get bitchslapped by a Judge? Unfortunately the answer is probably no. This is pretty much guaranteed to get settled out of court. BBM has a very solid case for breech of contract and fraud, especially if they can get the internal communications where Dick's planned this via discovery. Which means Dick's will settle this. So BBM will likely get at least some of their loss back, but it's not as humiliating for Dick's as we'd like.
Man I Dick's so God damn much. They could have just sold that ammunition at cost at the bare minimum to recoup what they can. I hope BBM wins a large settlement and Dick's just leaves the firearm industry for good, don't need a large company that is "all for the 2nd amendment, but..."
they just repackage tula for their 7.62x39. it's all just repackaging.
Robert Wood
Unfortunately that repackaging means nobody else can sell it. You could change the box, but the headstamps still say "field and stream".
Isaac Edwards
>Will Dick's get bitchslapped by a Judge? If this case makes it too trial, yes. They will get assraped in court. This is an unjustifiable breach of contract in which there is no remedy for the non-breaching party other than monetary compensation or performance on the hands of the breaching party. Whoever is on Dick's in house legal team, they're fucking tards.
>This is pretty much guaranteed to get settled out of court. This implies that BBM will take a settlement offer. They have a very strong case that would guarantee them hefty damages.
Ryder Morales
so, should we keep an eye on our local dick's? the gander mountain we had was closing down and being bought by some company. the guns didn't sell well until they gave them 40% discounts. i got a new ruger american in 30-06 for $240 that day. the guy who told me about the sale got an over under benelli shotgun for $600 instead of 1000.
man, that was a good day.
if dick's does the same shit, i'm getting either a ton of ammo or a lever gat
Eli Watson
top lel. Today OP was a breddy cool guy who doesn't afraid of anything desu. Dick's has been digging their own grave from being so antigun.
Gabriel Bennett
>Whoever is on Dick's in house legal team, they're fucking tards. I'm guessing they assumed BBM were a bunch of dumb hicks who they could easily exploit. Big mistake indeed.
>This implies that BBM will take a settlement offer. It's because they have such a good case that I think they will. Nobody wants to pay the lawyer fees on this, and betting on getting sanctions for fees and costs is risky as hell. BBM is in a very strong negotiating position for settlement, and I doubt Dick's is eager to fight it.
This will not kill Dick's, sadly. The five or so million that BBM wants is a lot of money to BBM but it's not a lot of money to Dick's. Might help with a death from a thousand cuts, but not on its own.
Jace Perry
damn, one day it'll happen
David Mitchell
Battle Born ain't that big to get a ass fucking like this. They SHOULD be able to resell the ammo, they can resell ammo, and if it (the ammo) crossed state lines their are clauses about refusing services in interstate commerce...
Fuck dicks, I'm gonna go eat beans and exlax and give their bathroom a real treat.
If it is headstamped field and stream than they probably can't. I would imagine that they could not even make money by getting the headstamp removed (if this is even legal?) and selling it as factory seconds even if they got the ammo for free..
Justin Mitchell
I hope they get a non-pozzed Nevada judge and jury.
Bentley Price
This is being heard in the Western District of Pennsylvania. But I wouldn't worry. This has nothing to do with guns, legally, it's a very straightforward breach of contract and fraud, the law is very well settled and does not look kindly on merchants who don't fulfill their contracts.
Isaac Morris
>Nobody wants to pay the lawyer fees on this, and betting on getting sanctions for fees and costs is risky as hell. BBM will get a better deal if they take the case to trial and stick Dick's to the wall. This is not a high risk case for BBM to take to court. The breach of contract in this case is a chipshot for any compitent contract lawyer.
Gavin Lee
I dont like Troy for their hiring of murderers, but this is eerily similar to how Dicks fucked Troy after Sandy Hook
open statement to the firearms and accessories industry (and any other sporting goods companies) that deal with Dicks, DICKS WILL FUCK YOU
Andrew Reed
Anyone got a rundown of all the shitty things Dicks has done?
Kayden Murphy
The result of an arbitration on the lawsuit is basically the same without the publicity and potential fines but it costs dramatically less. The ammo manufacturer will take it to start getting funds as quickly as possible. Yes it was an incredibly shitty thing to do with obvious consequences. Dick's corporate management is demonstrably incompetent.
Luke Stewart
I'm curious about that. Why could it not be resold?
For example: Let's say I buy a Toyota. I drive it for a few years, then I sell it....as a Toyota. I don't own the trademark "Toyota" but it's perfectly legal for me to sell mine. Likewise I can legally buy a Colt, then resell it later as a Colt. And so on. So I'm not sure why it is that BBM couldn't sell the ammo as surplus.
Jack Baker
Maybe a cursory understanding of copyright laws versus private ownership and reselling might help you out with that conundrum.
Oliver Miller
This explains why when I went in a few weeks ago they had boxes of 223 just sitting on a shelf out in the open with no camera on the location and zero employees near. I thought it was really strange and some of the boxes had already clearly been stolen from. They have too much stock and don't care I guess.
Ian Taylor
I've noticed this and have thought about going there just to steal some ammo
Angel Howard
There is an exception to copyright and trademark law called the first sale doctrine. This originated in copyright but extends to trademark as well. If you buy something outright, even if it still has the company's trademarks on it, you're allowed to sell it to whoever for whatever price. However, there are two major exceptions to this exception which apply to businesses:
>material difference exception Counter-intuitively, as legalese often is, this doesn't actually have to be a "material" difference. Courts have ruled that having a different return policy from the trademark holder constitutes a material difference. Or a different warranty.
>quality control exception This is also insanely broad. If resellers don't implement the same quality controls as the trademark holder, which can extend to specific vetting practices for customers/retailers, they can be liable for trademark infringement.
tl;dr: it's really, really hard to resell a trademark holder's goods without their permission.
And then there's the issue that BBM likely wouldn't even qualify for protection as a reseller because the trademark holder hasn't even sold the ammunition yet. They're a contractor in the pre-sale process, so doctrine of first sale doesn't necessarily apply.
Dylan Nelson
Stealing is wrong.
Luke Robinson
I don't care. People who don't want things stolen don't make them easy to steal. If it wasn't for pieces of shit like them, there wouldn't be any thievery in the world, would there...
Bentley Ortiz
No, stealing from corporations is ok
James Price
begone commie
Jacob Parker
Does any one actually know how this ammo is head stamped. With a simple FS?
Create an LLC named fucking strawberries and sell that shit. Seriously though, just have you uncles brother take this stuff to some gun shows in fudd town and start making money.
As a private individual I can sell remengton, federall, cci, or 180gr high point problem solvers all day long.
>death from a thousand cuts I'm doing my part. They'll never get a single cent from me again. I used to do a lot of shopping there too.
Eli Kelly
F&S
Believe it or not the law is not that easily fooled. That F&S headstamp is likely trademarked and you would need to use a different headstamp if you were to represent it as your own.
We're not talking about a couple cases of ammo here bud. We're talking about multiple truckloads. Enough that they racked up nearly $100k in warehousing and insurance costs to store it for less than a year.
John Davis
Get woke, go broke.
Most corperations that appeal to SJW's take massive hits to profits...from their core custoners leaving.
Most papa johns customers were willing to stand with the papa, but after they booted him, people started swearing off buying papa johns...not only that, recently they changed the recipe and pizza sucks now.
Starbucks took a huge hit thanks to their policy allowing homless junkies to use their bathrooms without buying anything, but they recovered because more of their regular customers just switched to the drive thru.
Blake Gray
I agree but this has nothing to do with that. This is about shitty business practices and treating your suppliers as disposable chumps to manipulate inventory and the market as a whole.
Kevin Brooks
Debatable, most companies that fuck over their suppliers are willing to fuck with their customers
Julian Butler
Customers aren't involved in this case though.
Daniel Smith
Not this one, yes, im just saying that it makes sense that a business that engages in scummy business practices with their suppliers would also engage in scummy business practices with their customers
Hunter Wilson
I mean I suppose there's something tangential here. This whole scheme was part of a plan to exploit panic buying and manipulate ammo prices to screw the consumer.
>I support corrupt businesses because thats wjat the currupt government wants me to do A brainless slave of a consumer like yourself is more of a nigger than a freethinking american like me will ever be. When jews smile and rub their hands together, they're thinking about you.
Jose Nelson
That's pointless. Buy a pack of gum, do the survey on the receipt, and do a write up about how shitty the store is. That's the only thing the big fucks pay attention too.
Nicholas King
stormniggers confirmed for petty criminals
Aaron Miller
God, I hope this happens. I would love to snatch up a 45-70 levergat on the cheap.
Grayson Rodriguez
Dicks sounds like it's run by some big pieces of shit. What other companies do they run that I should avoid?
David Cruz
Because you are a private owner of a piece of personal property not a distributor of licensed goods. Distributes can only sell what they are licensed to sell. A private owner of personal property can sell whatever the hell he wants as long as he owns it.
James Mitchell
Nigger logic right here, folks.
Michael Sanchez
>i sleep with my door unlocked
Samuel Russell
When people say nigger is a mindset, not a skin color, they're talking about you.
William Garcia
In the past they virtue signaled and held up lots of cash for customers on prenewton ar prices and canceled all orders long time later.
Cooper Mitchell
Dick's Sporting Good's subsidiaries are Field & Stream, Golf Galaxy, and Golfsmith.
Chase Powell
We are also in bed with Under Armor, not sure if we are the top or bottom though.
Chase Flores
Believing you shouldn't steal, no matter if it would be easy pickings, doesn't make someone a pacifist that would leave themselves unguarded against thieves.
James Sanchez
No wonder the one time I went into a Golfsmith I thought it was so shit
Christopher Foster
I don't subscribe to arbitrary absolutist moralities. I buy ammo at walmart because its locked up and cheap. I steal the CR2 batteries because they are neither. If the cr2 batteries were $2 instead of $9 I'd pay for them.
Luis Long
Why don't you tip that fedora a little harder buddy?
Coming up with pretentious justifications for being a common thief is pretty pathetic tbqh
Maybe you would, but only because you want to avoid going to jail, right? If you felt it was immoral, you wouldn't steal. It's not like you're under duress to take the batteries.
Jayden Johnson
why don't you take all your retarded memes of that e-celeb commie that you worship and go join him on plebbit on that commie subreddit to which he posts and leave Jow Forums for good. that piece of shit e-celeb whose cock you crave so much hates Jow Forums. so why don't you fuck fuck off and leave.
>I'm not breaking the law if nobody's looking Yeah nah you're just a cunt
Eli Ross
When did I claim any morality?
Andrew Foster
>waaah people still like what I don't like >boo hoo people don't like what I like >everyone who disagrees with me is x What a stunning display of intelligence. You realize this is why everyone despises you guys, right? You autistically hate anything and everything that doesn't 100% agree with your retarded dogma and sperg out about it everywhere.
>leave Jow Forums, I think I own the site and it should be my personal echo chamber I've been here long before you, bud. Guaranteed you showed up in either 2012, or more likely 2016.
the left can't meme. thanks for proving the point. and have fun at plebbit. ps: you should just open up Grindr app and get some dick that way instead of craving the dick of some dude you'll never meet.
>everyone who disagrees with me is x This is literally the only thing you know how to say, isn't it? That and buzzwords.
>r-right wing people can't possibly think I'm an annoying cancer >everyone who calls me out on my irritating, faggoty behavior must be a commie! 800% delusional.
Ah, so you're just a non-moral bastard. God will judge you justly on the Day of Reckoning.
Oliver Jones
Show of hands: Who thinks stealing shit you don't NEED, like in an emergency, is not something to be proud of or boast about? IMO, it's the same kind of egocentric bullshit I don't like from the left. Not a good look on you, user.
David Howard
>breach of contract possibly
>and fraud lol, no
Joshua Ramirez
t. twitter lawyer
Levi Evans
you're so buttblasted over Ian being posted that I'm surprised that the Anal Avenger didn't show up
Parker Bailey
Hold up what happened with Troy? This is the first I've heard about this.
Lucas Perez
Just hire a bunch of drunken slavs with belt sanders to touch up the rims on each case
Isaiah Gomez
There's no way this is legal. But sadly, dicks will probably get an ooc settlement rather than the dick slapping from a judge they deserve
Nathan Moore
How long do you think they'll go before they accidentally detonate a cartridge?
Xavier Stewart
Why can't Dicks just license BBM to offload them elsewhere and reduce exposure or avoid a shitstorm altogether?
Luis Butler
>dicks >avoiding shitstorm
Camden Parker
Who cares? They're slavs
Ethan Morgan
>God
Luke Miller
I gave them a Whole Foods oatmeal and beef jerky surprise
>Jow Forums would not exist >and the world would be better off without it
He's probably right.
Dylan Murphy
>plebbit spacing >hates Jow Forums >probably a SJW/jew/commie piece of shit time for you to go back, you special snowflake faggot.
Anthony Lewis
>plebbit spacing meme >being aware of the faults of a site means you hate it >anybody who doesn't see the world like I do is __________!
Not super bright, are you?
Jose Evans
>he thinks reddit spacing is a real thing Back where you came from newfag.
We've always hated and mocked ourselves. True chan people are proud of being a cancerous shithole, that's what the site has always stood for. You would know that if you hadn't showed up in 2016.
Xavier Evans
you don't speak for Jow Forums, you fucking commie piece of shit.
It's a smear job. Edited screenshots and guilt by association. Jow Forumsniggers are assblasted because he banned them from spamming his comments with their autistic screeching.
John Cooper
>everyone who disagrees with me is x t. broken record newfag
John Powell
>steals anything that isn't locked up >always got a justification about how they deserved it literal nigger
Daniel Anderson
riiight... all those videos are just fake videos that """pol""" uploaded to their channels. pol also photoshopped all those satanic pictures and doctored videos.
