Universal Percussion suing Zildjian for trademark infringement

[Bart Elliott]

Universal Percussion files lawsuit against Avedis Zildjian Co.

http://www.drummercafe.com/music-industry/drum-news/universal-percussion-files-lawsuit-against-avedis-zildjian-co.html

[Michael Bettine]

This has become ironic in light of the fact that Universal Percussion has now decided to release a cymbal line called 'SPIZZ,' claiming them to somehow be a legit continuation of the cymbals made by the legendary Italian cymbalsmith, Roberto Spizzichino. Thay are claiming that "Roberto's legacy lives on under the skilled hands of his Turkish cymbalmaking partners. Scrupulously employing Roberto's techniques, they are now making a line of superior, collectible-quality cymbals that represent the best possible tribute to Roberto himself: great sound." Unfortunately, they are trying to cash in on Roberto's good name and reputation.

Appropriately, the Spizzichino family is NOT happy about this:

"We are the Spizzichino Family and we are issuing this release in regard to Roberto's name and legacy. A few days ago it was brought to our attention that the company Universal Percussion was presenting and promoting a new series of cymbals branded "Spizz".

In addition, Universal Percussion was promoting this line as if it were somehow associated with Roberto, his family and his legacy, and have used Roberto's reputation to further this message. To be clear – while we no longer control the brand name of "Spizz" - any use of Roberto's name and image is neither authorised nor approved by his family.

The brand "Spizz" (now a registered trademark of Universal Percussion) was originally used by Roberto Spizzichino until 1989. From 1989 onwards, Roberto's cymbals were then branded "R. Spizzichino" and from then on there has been no connection between Roberto and the brand name "Spizz". The Wuhan/Spizz was a collaboration that lasted only a few months in 1989 and, because Roberto didn't agree with the direction of the product, he decided to sever his ties with the company. At this point, his personal selling prices never reached 1.000USD$ and continued in this fashion up to his death - those who have purchased directly from him can attest to this.

Universal Percussion has represented that it has entered into a relationship with Roberto's Turkish cymbal supplier. The truth is that, as a cymbal-smith, Roberto acquired blanks from many sources throughout his career, using several foundries in China before eventually switching to Turkish foundries - over the years he used blanks from over ten different Turkish factories.

The ONLY partner that Roberto has ever had, was his wife.

In addition, Roberto's hammering technique was unique and the secret formulas were applied at the finishing stages of the cymbal - a formula known only to him, that changed greatly throughout the years.

Many people have experienced seeing Roberto hammer and turn a blank cymbal into a fully hammered and shaped one, but the secret formulas and concepts applied to his creations happened at the end of the process - in complete secrecy, again a very well-known fact.

Roberto's passion/obsession for cymbals and music is what made him a very special person, musician and cymbal-smith and what helped him developed his unique sound - a sound that cannot be replicated without his exact combination of formulas.

The Spizzichino family has had no contact, involvement or collaboration with Universal Percussion. Universal Percussion has never sought permission or a license to use Roberto's name and likeness and the family has never agreed to waive any of our rights in this regard.

We, as Roberto's family, deeply miss and treasure his art, so we feel that any allusion to the Spizzichino brand, image and likeness of Roberto are truly heartbreaking, inconsiderate and a careless tribute to his legacy.

We apologise to all of Roberto's clients, fans, followers, family and friends if they have been offended or confused by the association with his name. We intend to explore all of our options to maintain Roberto's integrity as an artist and to protect our family name from being used to make a profit for others.

Respectfully,
The Spizzichino Family "