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Fender Loses ‘Guitar Body Shape’ Court Case
Gibson.com ^ | 3-31-09 | Russell Hall

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 ...


TOPICS: Business/Economy; History; Music/Entertainment
KEYWORDS: fender; lawsuit; leofender; music; ruling; stratocaster
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To: SeeSharp

I’ve played guitar for 45+ years and own the guitars listed below. Those are just the Fenders in my pile.

Yes, strats have a “natural” feel, but as one who was brought up on only (round hole) acoustic guitars, Strats felt horrible and seemed really cheaply made when I first picked them up. Long ago I began to appreciate the quality and aggressive functionality of Fenders; even though yeah, they’re screwed instead of glued together.

Can you say Telecasters have such a natural feel? With the non-countoured edge?


21 posted on 04/05/2009 2:49:15 PM PDT by Attention Surplus Disorder (Mr. Bernanke, have you started working on your book about the second GREATER depression?")
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To: Liberty Valance

“I’ve got a pool shaped like a guitar.........amp.” Chet Atkins


22 posted on 04/05/2009 2:49:32 PM PDT by Walmartian
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To: Walmartian

ROFL! I miss Chet ...


23 posted on 04/05/2009 2:52:57 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Attention Surplus Disorder

My first guitar was an SG so for me the Strat was heaven. It just fit. And no, Tele’s don’t.


24 posted on 04/05/2009 2:53:42 PM PDT by SeeSharp
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To: Liberty Valance

The strat is also customizable, you can replace pickups, bridges, etc. with parts from other manufacturers. Even build your own strat copy.


25 posted on 04/05/2009 2:55:11 PM PDT by brianr10
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To: SeeSharp
My first guitar was an SG so for me the Strat was heaven. It just fit. And no, Tele’s don’t.

A friend bought a reissue swamp ash Tele. It weighed a ton. But the sustain!

I made my son an electric, and yep, I copped the Strat outline. Made the body out of maple, and bought the pickups pre-wired from Stew-Mac. I think I got the fingerboard from them too.

I call it a PseudoCaster.

One departure: I made the neck out of mahogany. I think it feels better and grabs less than maple. Now the little devil won't let me near it.

26 posted on 04/05/2009 3:09:40 PM PDT by tsomer
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To: SeeSharp

Coincidence: In my first band, the other guitar player had a SG special, probably 1963, and another guy would come and sit in from time to time. He had a dakota red 1956 or 1957 strat (worth $45K in a heartbeat today) that I hated. It was hard to play with that longer scale and really heavy. Not that the borrowed Zim-Gar I had was anything better than firewood, but that was then! That was in the mid-60’s. I didn’t gravitate away from SG’s and LP Jr’s to Strats for half a dozen years. When I was in high school, you could pick any number and I could have bought that number of used $150-$175 Strats easily. All day long. Sigh.


27 posted on 04/05/2009 3:15:04 PM PDT by Attention Surplus Disorder (Mr. Bernanke, have you started working on your book about the second GREATER depression?")
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To: brianr10
Fender Custom Shop Jeff Beck Signature Stratocaster®


28 posted on 04/05/2009 3:18:45 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Liberty Valance

Jeff Beck & Tal Wilkenfeld - Cause We Ended As Lovers
http://www.youtube.com/watch?v=mIFFRHBCPzA


29 posted on 04/05/2009 3:21:41 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Trajan88

Circa 1993 1950’s reissue Strat, made in Japan, which I was told they did their best to accurately replicate the original 1950’s Strat. I’ll never part with it. Also have a 335. I’d love to get a cheap tele and maybe settle for an Epi Les Paul, the Gibson Pauls are just overpriced.


30 posted on 04/05/2009 3:28:03 PM PDT by stratman1969 (IMPEACH OBAMA for putting terrorist security ahead of American security)
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To: NewRomeTacitus; cripplecreek; creeping death; JeffreyH; RandallFlagg; cschroe; rollo tomasi; ...

Metal Ping List -

Let’s hear from the experts!


31 posted on 04/05/2009 4:36:11 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: mysterio
My first was a Hondo II LP knockoff that had gone thru more surgery than any three of EVH's Frankenstrats. LMAO


32 posted on 04/05/2009 4:51:12 PM PDT by Viking2002 (FUBO. Just....................FUBO.)
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To: Viking2002

The Strat is a very comfortable fit on your side, and so is the Jaguar/Jazzmaster!

I’ve disliked the practice of copying the shapes of these classic guitars for many years and felt that it shouldn’t be permitted. Alas, my opinion doesn’t count.

What really has irritated me, though, is when a guitarist will talk about his generic-brand “Strat” or “Tele”. Having a lookalike body shape doesn’t make it a Strat or a Tele. If it doesn’t say “Fender” on the headstock, it’s not a Strat or Telecaster.


33 posted on 04/05/2009 5:36:12 PM PDT by DJ Frisat (Mr. Obama, is it ok to post this?)
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To: Grizzled Bear

Good Lord, man, what can I say living in the town of Gibson? These guys utilize artists of every style to get every model perfect. I applied for a job with them based on my woodwork background and they laughed. Gibson is like the surgical tools of guitars.


34 posted on 04/05/2009 6:40:52 PM PDT by NewRomeTacitus
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...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."
Yeah, that makes perfect sense.
35 posted on 04/05/2009 6:46:09 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: NewRomeTacitus

I love my Gibsons! There’s something very special about the sound of a Les Paul.

The best I’ve ever heard is a 1970 Gold Top owned by a friend.


36 posted on 04/05/2009 7:01:40 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: Grizzled Bear

As part of the job interview I got a brief tour of the factory. Even though it was the “Thank you, thanks for coming” thing I saw Billy Gibbons.

I was...discombobulated.


37 posted on 04/05/2009 7:07:31 PM PDT by NewRomeTacitus
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To: NewRomeTacitus
I was...discombobulated.

This is hugh...I'm series!

38 posted on 04/05/2009 7:18:18 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: Liberty Valance

Didn’t Fender patent this in ‘54 or something? Everything else afterward is merely imitation.


39 posted on 04/05/2009 8:48:55 PM PDT by wastedyears (April 21st, 2009 - International Iron Maiden Day)
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To: Trajan88

Sweet, another left-handed Stratocaster player on here. Now I don’t feel so alone in that respect.


40 posted on 04/05/2009 8:49:47 PM PDT by wastedyears (April 21st, 2009 - International Iron Maiden Day)
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