OFF: (fwd) Chapman Stick(r) Sues Warr Guitars & Players

[QUEST]

Apologies for 1) the length of this post, 2) the off-topicness of the
post, and 3) redundancy for those of you who read the progressive
newsgroups.  But the post does have its (indirect) connections to HW, so I
think you might forgive me. :-)

Damon

---------- Forwarded message ----------
From: tihai at aol.com (Tihai)
Newsgroups: alt.music.genesis
Subject: CHAPMAN STICK(r) SUES WARR GUITARS & PLAYERS, HELP!!!
Date: 28 Apr 1997 08:12:29 GMT

Please direct all your questions to:    Warrfund at aol.com

***********************************

The Warr Guitar Defense Fund

Hello,

We would like to introduce ourselves to you for your consideration. We are
the Warr Guitar Defense Fund Committee.  We exist solely to help Warr
Guitars and other individuals in their defense efforts against (what is in
our opinion) a cruel and frivolous lawsuit mounted by Emmett Chapman, Yuta
Chapman, and Stick Enterprises, Inc.  It appears to us that the purpose of
this lawsuit is to drive Warr Guitars out of business and financially
destroy each of the defendants.

As we all know, in the United States, if you are sued for any reason, you
must defend yourself.  In lawsuits such as this one, a defense requires
substantial expenditures of time and money, even if the claims made
against you are frivolous.  Many people bow under the pressure and allow a
judgment against them even in the face of no viable evidence.  Needless to
say, that is the concern of those of us on the defense committee. It is
important that the truth of all of Emmett's claims be held up to the light
of day.  Individuals named in the lawsuit are as follows: Mark Warr, Frank
Jolliffe, Traktor Topaz, Kyle Wohlmut and Trey Gunn.  Over the past eight
months, the served defendants have had to spend a combined $83,000 in
attorneys' fees and costs.  Mark Warr has himself spent $40,000.  In
addition, Mark has undertaken much of the burden in time reviewing
documents and assisting in the preparation of his defense.  (One can only
imagine how such a financial and emotional burden can affect your life.)
Everyone targeted by Emmett and Yuta Chapman have been taxed to their
limit.  Their lives are being upended for doing nothing wrong, illegal or
unprofessional.  On the contrary, they are being punished for helping to
bring into the world musical instruments of unparalleled quality.  And for
that feat, they must fend off an attacker who it appears cannot handle
competition.

Mark Warr has created an array of instruments: guitars, basses, and
touchstyle, that are on a world class level of quality and
professionalism.  Frank Jolliffe is a highly respected Jazz Touchstyle
performer, publisher and teacher both in the United States and Europe.
Traktor Topaz is an innovative retailer of musical instruments who
includes touchstyle instruments in his repertoire and is an international
publisher.  Kyle Wohlmut is a Web page designer and works for Stanford
University in the Department of Linguistics.  Trey Gunn (to date named,
but not served) is one of the leading touchstyle musicians and performers
in the world.  He is a full time member of the legendary group King
Crimson. Unfortunately for all of the defendants, it appears that Emmett
Chapman feels threatened by their participation in the music business. His
lawsuit alleges that all of them are co-conspirators in an effort to
defame Stick Enterprises and interfere with the plaintiffs' business
contacts.  It seems especially obvious that Mr. And Mrs. Chapman are
threatened by the existence of the touchstyle model of the Warr Guitar and
the international acclaim Mark Warr has received from it.

Our committee sees the sheer expense of responding to the suit has had a
very negative emotional and financial impact on Mark Warr and all of the
defendants involved.  It is, therefore, our intention to stand up and
support Mark, Frank, Traktor and Kyle against what appears to be Emmett
Chapman's bullying tactics.

We are asking you to contribute anything you can financially to our
effort.  Our goal is to raise $50,000.  This contribution will take an
enormous burden off the defendants and ensure that they will be able to
respond to plaintiffs' allegations and bring the truth before the court.
We cannot allow Emmett Chapman to win by default because Mark, Frank,
Traktor, and Kyle are financially unable to proceed.

If you cannot contribute much now, we nevertheless encourage you to send a
smaller amount for three to six months.  The litigation will probably take
another one to two years.  If you can help promote or create defense fund
activities toward our cause, the Defense Committee and all the defendants
would be grateful

Enclosed in this mailing is a list of the charges made by Emmett and Yuta
Chapman and an explanation of why we believe these charges are baseless.
We have setup a Warr Guitar Defense account to which you can send checks
or money orders. We want to reach our goal and, needless to say, it is our
goal to fund the defense within a relatively short period of time (three
to six months).

Please send questions to our email address:      Warrfund at aol.com

Please send checks or money orders to our mailing address:

The Kerry, Garcia and Lewis Clients' Trust Fund
320 Golden Shore, Suite 480
Long Beach, CA.  90802-4200

Please make out your checks payable to "The Kerry, Garcia and Lewis
Clients' Trust Account".  In the memo portion of the check, please write
"Warr Defense Fund".  When your donations are received, the law firm will
send you a confirming letter with a copy to all defendants and the
committee.  All donations will be kept separate from any other funds and
will be controlled by the Warr Defense Fund Committee.  We will endeavor
to administer the funds in the fairest way possible for all parties
concerned.

Warr Guitars has given the world unique musical instruments of the highest
quality.  We must help Mark Warr and the others in their defense of what
we believe to be a meritless and malicious lawsuit.  Thank you in advance
for any help you can give us. We will keep you informed of our progress.

The Warr Guitar Defense Committee:

Ray Ashley           Teed Rockwell
Valerie Walker       Dave Mercado
Daniel Bortz         Massimo Sinceri
Jim Wright           Dave Bunker
Jimmy Smith          Doug Masla
Paul Edwards         Chuck Soupios
Joanna Mercado       Nik Green
Nick Marshall        Randy Strom
Diana Stork          James Fanning
Wade Preston         Frank Paul
Kuno Wagner          Penny Little


The Warr Guitar Defense Committee is made up of professional musicians who
make their living with Mark's instruments and other professionals in the
industry including Chapman Stick players who are appalled by this law suit
against Mark Warr and the others.  Jim Wright and The Away Team perform
and record on the Warr Guitar in the Southern California area.  Paul
Edwards and Daniel Bortz have the world class group Kittyhawk.  Dave
Bunker, besides Jimmy Webster, is one of the earliest known touchstyle
players and inventors in the world.  His first patent for a touchstyle
instrument was granted in 1962.  Chuck Soupios invented and got his first
patent for the innovative BiAxe modular touchstyle instrument in 1980.
Massimo Sinceri and Kuno Wagner are innovative Warr Guitar performers in
Italy and Germany respectively.

****************************************************
Please seriously consider a donation to this fund. Any amount will help,
no matter how small. Some people have sent in $20. Another several people
have sent in $1000. Eveything helps. Without your donation, the risk of
default is high.

*****************************

The allegations:

1.  Libel

 Plaintiff's claim the Mark Warr's electronic posting of June 20, 1995,
suggests that "the truss rod used by Stick(r) to stabilize the neck of
their instruments is faulty and inadequate."  This is a complete
misrepresentation of what Mr. Warr said.  Mr. Warr in no way criticized
Chapman's product.  Rather, he was discussing whether modifications could
be made to the Stick with heavy gauge strings, and whether one truss rod
was sufficient for such modifications if certain heavy gauge strings were
used.  Mark Warr further stated,  "I'm not saying that Emmett's
construction style is bad, just different and valid."  There is no
evidence Mark Warr published anything libelous about Emmett, Yuta, or
their business.

2.  Slander

 There is no evidence that Mark Warr ever uttered a slanderous statement
against plaintiffs.  At this point, the only statements which plaintiffs
have alleged are slanderous were made by Randy Strom and Traktor Topaz
(analysis of those alleged statements does not constitute slander or any
other type of defamation.)  There is no evidence that Traktor Topaz or
Randy Strom were agents or employees of Mark Warr or that any deprecating
remarks were made by these people at Mark Warr's direction.  Further, no
admissible evidence of any actionable remarks by anyone has been offered.
Steven Curl's declaration admits that he cannot remember exactly what he
heard;  Gregory Howard, in his  declaration, does not quote any remark
which is defamatory.

3. Inducing Breach of Contract

 Plaintiffs have offered no evidence that Mark Warr induced anyone to
breach of contract with plaintiffs.  Yuta Chapman's unsubstantiated hunch,
"we know of at least two sales placed with us that were canceled after
they were placed in order to purchase Warr Guitars." is plainly erroneous.
 The two people she identifies, Steve Grant and Jim Logan, both deny in
writing that Mark Warr interfered in any way with any contract they had
with the Chapmans.  In fact, they had never heard of Warr Guitars until
Yuta Chapman started bad-mouthing Mark Warr and Warr Guitars to them.
Further, there is no evidence that defendant Mark Warr has ever had access
to plaintiffs' mailing list.

4. Intentional Interference with Prospective Economic Advantage

 One of the elements of this tort is that the defendant must do something
unlawful in interfering in the relationship between plaintiffs and their
customers.  A thorough review of all 1,500 pages of documents reveals that
there is absolutely no evidence of any unlawful act by Mark Warr.


5. Negligent Interference with Prospective Economic Advantage

 As with the previous cause of action, there is absolutely no evidence
that Mark Warr breached any enforceable duty of care against plaintiffs,
or committed an unlawful act.

6. Fraud

 Plaintiffs have not even attempted to offer any evidence supporting a
cause of action for fraud against Mark Warr or any other defendant.

7. Trade Secret  Misappropriation

 There is no evidence that Mark Warr or any other defendant
misappropriated or ever had access to plaintiffs' mailing list or any
other trade secret.  There is merely a suspicion that Frank Jolliffe may
have had a partial list of customers ten to twelve years ago and may have
given it to Mark Warr.

8. Unfair Trade Practices

 Plaintiffs allege that defendants violated Business and Professions Code
17045  which prohibits secret rebates and refunds.  There is no evidence
supporting this allegation.  There is also no evidence that defendant
misused plaintiffs' registered trademark.  Even if Mark Warr could be
accused of publishing misleading advertisements under Business and
Professions code 17203, plaintiff's only remedy is an injunction.  An
injunction is not available for the past misconduct that is not ongoing.
The alleged misleading advertisement is one by Mark Warr which stated
"Attention Chapman Stick(r) players....

9. Conspiracy

 Although there is no conspiracy cause of action, plaintiffs' claim that
defendants  are somehow involved in a conspiracy pervades the entire
complaint.  There is no evidence of any conspiracy.