ddmay2011v3qxp_Layout 1 4/04/11 9:58 AM Page 39
a fearsome letter or two, and secondly, I’m currently pursuing various legal actions to get my name back from them. And thirdly, because I am so proud of what the guys and girls at the factory achieved in the ‘80s, I should have made sure that my name was not available for anyone else to use on a whim and confuse the market in the way they have. Seeing what they are doing is like watching a horror movie in slow motion. I can say that I was immensely depressed when the first kit came out, and thought it was so typical of a giant like Guitar Center. All they’ve done is to hijack the reputation of something that was very special and innovative and bolt it onto something that is neither special nor innovative. Why would they do that? Because it gets them a bigger marketshare quicker than if they had put “Guitar Center” on it, more money for them, quicker. It’s got worse recently as they’re testing the water by putting little hexagons on things. They even used the names and numbers for the kits we used, and now I see they have a version of our Portakit, complete with hexagonal playing surfaces. It’s real easy for them, they have a giant Chinese manufacturer going through the Simmons catalogue from 1986 and copying the ideas, although they will strenuously deny they had any knowledge of the products and reputation of the original Simmons company from the ‘80s. dD: How did Guitar Center end up with the Simmons name? Did they acquire it from the liquidator? DS: Guitar Center re-registered the name as a trademark after I stupidly let it lapse in the early 2000s. So, no they did not buy it from a liquidator. In fact, the intellectual property associated with all the Simmons designs and brands are still owned by the last company that made the equipment - Sound Unit Ltd, a UK company still in existence and owned by me. So I own the designs and the whole history and goodwill surrounding the name, the hexagonalshaped drums and the history and reputation of Simmons. Guitar Center are pursuing the registration of the brand through the various trademark registration bodies around the world, based on their original re-registration. I am opposing them at each step and the whole thing will eventually succeed or fail based on a judgement to be made over the original registration. digitalDRUMMER, MAY 2011
dD: So, are you attempting to get the trademark back for yourself, or merely trying to prevent Guitar Center from using it? DS: I want to get my own name back for use on my own range of electronic percussion. (Editor’s note: Guitar Center was approached to explain its position, but did not respond to digitalDrummer’s questions.) dD: What are you doing these days and are you ever tempted to go back to e-drum development? DS: I’ve been very lucky to be able to repeat some success in a completely different industry. I like making new things, as you probably know, and 12 years ago, a friend and I designed a realistic training hand for the beauty industry. It was unique, we have worldwide patents on it and have built a successful international company around the product. I have a recording studio with Pro-tools in which I write my tunes, and a four-camera HD video studio where we produce films for training in beauty skills. I have kept up to date with most of the developments in the e-drum world and have a book full of designs and ideas for future e-drums, but it’s on hold until I can get the rights to my name back from Guitar Center. dD: There are still lots of original Simmons kits and various clubs, museums, tribute websites and the like. Do you still have much gear yourself and do you play it? And do you stay in touch with your fans or former artists? DS: Those museums are amazing, and I have a lot of respect for the guys that have put so much time into preserving the memory of the equipment. I don’t have a kit myself, but know some of the guys that still have it. I do have a barn full of parts and drawings and I’m still in contact with some of the guys who worked for me or used the equipment, some of them have helped me recently in my case with Guitar Center by writing statements pertaining to the reputation and worldwide standing of the brand in the ‘80s and through today, and I owe them a great deal of thanks. dD: Dave, thanks for sharing your thoughts and good luck in your quest to get your name back. We didn’t have space for all of the interview, and readers can find out your thoughts about contemporary gear and the future of e-drumming by clicking here. 39