Discussion in 'Guitars in General' started by BeeTL, May 13, 2009.
Just an observation here, but put a can opener headstock on an EVH Wolfgang guitar and people can't stop saying how much they hate it, remove Eddie's name from the guitar and people are loving the can opener headstock. What gives?
I never really thought about the entire patent or trademark process. Best of luck to you on your new venture!
Some folks say can opener. When I saw it, it reminded me of a sock puppet. Maybe a sock puppet with a bottle?
cool, keep at it, you'll eventually hit on something.
A big part of the price of a patent atty is the cost of doing the exhaustive patent search. It's not like a trademark search! Also, the forms can be complex for a utility patent, getting someone to draw the necessary schematics if you can't do it yourself can be very expensive, etc. Therefore I would think that a design patent atty's fees would be considerably less than the fees for a utility patent. I know you are not going to pursue it, but just for education in this thread:
"Design patents are only granted if the design is novel and not obvious for all items, even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized."
For that reason, you wouldn't have gotten the design patent, thanks to the Music Man guitar posted on the previous page.
Any attempt to apply a trademark might have passed, but you would lose if MM decided to sue you. Your design would be considered a "derivative work" regardless if you copied it from MM or not.
... not to rain on your parade, but the body shape instantly reminded me of Trev Wilkinsons' new-ish Fret-King Esprits, which are available in a few different PU and pickguard styles:
I thought about starting a new thread but decided to resurrect this one instead.
After reviewing the standards the guitar industry follows I have applied to register my "bottle opener" headstock design with the USPTO.
There is no question that the bottle opener headstock design distinguishes a Lowe Custom Guitar from any other brand on the US market today, and registering this design is consistent with my business goals for LCG over the long term.
I'm excited to see this process moving along...
What guitar is that in your avatar.
Good luck on this whole process!
By posting your ideas, they are in the public domain. This means you can not apply any IP on it anymore. Thanks for sharing the ideas anyway
Danelectro Dead On
That's a Tele/SG mashup (tentatively named SuGarSonic) I made for a friend.
I'll be sure to pass your comments along to my attorney.
As a practical matter, acquiring Trademark rights REQUIRES the actual sale of a product to the public with the mark attached.
Kind of tough to do without "getting it out there".
That's a lovely guitar.
I've mentioned that my primary goal with this thread is to inform.
One of the most interesting and comprehensive articles I've read has been Shapes of Things: A Brief History of the Peculiar Behind-the-Scenes War Over Guitar Designs.
This covers a LOT of ground on how things in the guitar biz have evolved with respect to patents and trademarks.
I was the inventor of a headstock, but Heritage stole it. After a looong legal battle, I won and they had to keep it.
My attorney will be sending you the bill for cleanup
Hehe. They really should do something about their headstocks. They're some of the ugliest around IMO.
If it actually opens beers I'll take two.
Keep in mind you have to protect your design post-patent as well. People tend to think that once you have a patent no one can use your design. They can do whatever they want. The onus is on you to sue them at that point. If you don't, the patent is considered abandoned and it's up for grabs again. It's often this legal process that incurs the most in fees. Just something to think about...
Also, FWIW, that part about posting it in public means it's public domain is rubbish. Legally, by affixing your work to a medium like print on a forum, you've just earned yourself a copyright. Now you just have to file it.