Posted on 04/05/2009 2:09:12 PM PDT by Liberty Valance
An attempt by Fender to trademark the body shapes of its Stratocaster, Telecaster and Precision models has been rejected. As reported by MusicRadar.com, in denying Fender's application, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office wrote:
"The applicant has not established acquired distinctiveness such that these two-dimensional outlines of guitar bodies, standing alone, serve to indicate source. The evidence overwhelmingly demonstrates that these configurations are so common in the industry that they cannot identify source."
In a 75-page document, the Appeal Board went on to say "it does not appear that … third parties intended to copy applicant's guitar shapes for the purpose of confusing consumers and passing off applicant's guitar shapes as their own."
Litigation involving the trademark issue has been going on for five years. In the dispute, Fender had alleged that Stuart Spector Designs, US Music Corporation, ESP Guitars, Sadowsky Guitars, Lakland Musical Instruments, Peavey Electronics, Warmoth Guitar Products, Schecter Guitar Research, Michael Tobias, as well as other companies, had infringed on its designs.
(Excerpt) Read more at gibson.com ...
FMCDH(BITS)
I’ve got a ‘84 lefty sunburst (U.S.A. made - would never have it another way)... it is AMERICA; it is greatness.
Ditto to what you said.
That shape is a Fender; anything else with that shape is a wannabe at best
My first guitar was a yamaha strat copy. Awesome guitar, still plays well. Have a tele and an SG, as well. The Gibson is my fave of the moment. If only I played as good as it looks, lol.
I wonder if this will affect the ESP Explorer suit. I’d love to get the Hetfield explorer.
Another way for Øbama and Democrats to destroy the market?
United States Patent and Trademark Office
USPTO Seeks Nominees to Public Advisory Committees
http://www.uspto.gov/main/homepagenews/2009mar25.htm
The committees advise the agency on a wide variety of policy and budgetary issues. Members are appointed by and serve at the pleasure of the Secretary of Commerce.
At the time Fender conceived and originally produced these revolutionary instruments, there was very little (not "nothing") like them. Copys have been available for quite a long time. At the same time, I cannot conceive of any other reason for the copycats to have duplicated their distinctive shapes OTHER than to "pass off" their goods as genuine Fender.
'57 strat
'60 strat
'64 strat
'65 jazz bass
'65 jazzmaster
'65 elec XII
'66 elec XII
'97 strat plus
Secretary of Commerce: Review
Richardson withdrawal leaves cabinet gap
http://www.msnbc.msn.com/id/28493919/
The Cabinet that President-elect Barack Obama picked on a fast track has an unexpected opening, with New Mexico Gov. Bill Richardson, Obama’s choice for commerce secretary, withdrawing under pressure of a federal investigation into how his political donors landed a lucrative transportation contract.
GOP’s Gregg accepts commerce secretary post
http://www.cnn.com/2009/POLITICS/02/02/judd.gregg.commerce/
President Obama extended a political olive branch to the GOP on Tuesday, nominating Sen. Judd Gregg, R-New Hampshire, to head the Commerce Department.
Gary Locke: Commerce Secretary
http://www.huffingtonpost.com/2009/02/23/gary-locke-commerce-secre_n_169281.html
“I’m sure it’s not lost on anyone that we’ve tried this a couple of times. But I’m a big believer in keeping at something until you get it right,” Obama said. Locke is Obama’s third nominee for the post. His previous two choices for the post dropped out well before the Senate had a chance to confirm them.
“Gary will be a trusted voice in my cabinet, a tireless advocate for our economic competitiveness, and an influential ambassador for American industry who will help us do everything we can - especially now - to promote it around the world,” the president said.
What was different about this suit from the earlier suit by Gibson for copying the Les Paul design? Gibson lost that one for more or less the same reason.
gibson guitar
stetson hat
zippo lighter
kodak camera
justin boots
harley motorcycle
underwood typwriter
irving schott perfecto motorcycle jacket
colt firearms
phillip morris cigarettes
timex watch
kentucky bourbon
This americana.
that shape was invented by the gibson guitar company, NOT FENDER.
Maybe they should have done this 50+ years ago. Then they might have a case.
Yes, a G&L Legacy *is* a Fender, a real Fender ... the "L" in G&L stands for Leo Fender ("G" is George Fullerton) ... hardly a 'wannabe'
I'm guessing you don't play guitar? The Fender Stratocaster shape has a very natural feel and I can easily see why other guitar makers would copy it. I would copy it if I were making guitars.
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