Designed a guitar, now I'm going to protect it

Discussion in 'Guitars in General' started by BeeTL, May 13, 2009.

  1. BeeTL

    BeeTL Silver Supporting Member Vendor

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    I just remembered I never updated this thread.

    I got a nice little Valentine's Day present this year:

    [​IMG]
     
  2. Corinthian

    Corinthian Member

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    I just read through the thread and I'm unclear exactly how you intend to use your patent.
     
  3. BeeTL

    BeeTL Silver Supporting Member Vendor

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    It's a registered trademark, and I plan to use it in commerce.

    I build and sell guitars.

    :)
     
  4. Dmarcin

    Dmarcin Member

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    Any example guitars of your newly trademarked design? :worthless
     
  5. SW33THAND5

    SW33THAND5 Member

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    i just stole your design and filed for the pataent/copyright already
     
  6. dspellman

    dspellman Member

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    Be aware that while you may have registered the trademark, it's no guarantee of protection of any kind. Anyone who can prove "prior art" -- a headstock that looks enough like yours to be confused with it and which was produced before your trademark date -- will cause your trademark to be vacated, and you may be required to remit damages to that person.

    It's also going to require well over $100K to pursue any legal action that will include an actual court trial over this.
     
  7. catpeople

    catpeople Senior Member

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    The document says "two-dimensional bass guitar headstock", but the illustration looks like a regular guitar headstock and the rest of the language also says "guitar".

    As said many times over, the body from the OP looks a lot like an EBMM Albert Lee, and the headstock looks like a Ruokangas Mojo.

    [​IMG]

    You don't need a trademark on anything in order to market it and make money from it.

    I fail to see the point of all this, other than spending a bunch of money to file for something that's going to cost even more money to defend.
     
  8. BeeTL

    BeeTL Silver Supporting Member Vendor

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    So here’s what happened:

    I got it...the same bug so many here have; I want to build guitars, and I want to put my name on the headstock.

    Now I can, and if they choose to, any guitar store in the country can hang a Lowe guitar in their window without worrying about getting a C&D letter.

    In the mean time, I hope folks here find this thread informative.

    As for pics:

    [​IMG]

    [​IMG]

    [​IMG]

    As to how ugly my design is, or how stupid I am for wasting $2,000 on pursuing a trademark, all I can say is that twenty years ago (maybe thirty?) I thought the Tele was the ugliest guitar ever made.

    Then I saw the Pete Townshend Schecter Tele, and it changed my world:

    [​IMG]

    I've learned a lot here on this and other forums, and I felt like the information about this process is something I could "give back".

    If you want to do your own USPTO searches, go here:

    http://tess2.uspto.gov/bin/gate.exe?f=searchstr&state=4002:q14i4h.1.1

    ...and enter two elements of the company's name in the "Owner Name and Address" field, then select "AND" as the Operator.

    You can find lots of cool stuff.

    [​IMG]
     
  9. BeeTL

    BeeTL Silver Supporting Member Vendor

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    The "mark" is what is registered.

    The description is just there to help describe what the mark is.

    The inclusion of the word "bass" is a typo that will get corrected eventually.

    The bass headstock shape is different enough that it has been filed separately.

    As for legal advice and opinions, my attorney is Patrick Richards, of Richards Patent Law, and he is one of the most honest and ethical people I have ever met.

    I am lucky to have him on my side, and I'll follow his counsel in these matters.

    I pursued the Trademark because I had a little extra cash at the time, and I found the whole process really compelling.

    I hope folks find my sharing the process here to be interesting and informative.
     
  10. Corinthian

    Corinthian Member

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    I understand that. But registering a trademark is not a requirement to conduct commerce. Is it primarily to protect you from cease and desists or do you intend to litigate against others who use a similar headstock design?
     
  11. cmatthes

    cmatthes Member

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    This is the funniest thread I've read in a long time!

    :D
     
  12. 2HBStrat

    2HBStrat Member

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    It's great, I guess, that you copyrighted your headstock design and all, but yet you copied Fender's Telecaster body! What up?!?
     
  13. DRS

    DRS Member

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    So, BeeTL
    over 3 years and some legal stuff, how many guitars are you building?
     
  14. BeeTL

    BeeTL Silver Supporting Member Vendor

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    Unfortunately for Fender, because they did not defend their trademark, the T body shape is public domain, as are the S, and P.

    I've built about 15 guitars and basses with my headstock shapes over the last three years.

    I now have the capacity to produce between 20 - 50 instruments per year with ease.
     
    Last edited: Aug 10, 2012
  15. EthanB

    EthanB Member

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    You have to be the most patient person ever. Granted, this thread has lasted for like three years now, but you've been even keeled the entire time countless people were telling you how stupid you were. So kudos for that. And I dig your work, too.
     
  16. BeeTL

    BeeTL Silver Supporting Member Vendor

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  17. Mullenski

    Mullenski Gold Supporting Member

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    Congratulations!

    Such an incredibly difficult process.

    Very cool design - way to go!
     
  18. Gray

    Gray Member

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    So why bother being creative. :dunno
     
  19. Renard

    Renard Member

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    Its very amusing to me that a thread that seems to be primarily motivated by one guys interest in experiencing the law of IP in the US firsthand and sharing his experience with others who might be equally interested has been met with such vitriol! Whatever the practical outcome of his trademark, Id imagine the learning process for him was worth the 2000 dollars hes spent, and we all benefit from his discussion of that learning process. So why the anger?? I really appreciate it (biased since Im currently in law school), and the informed responses this thread has encouraged. Thanks!!

    Also, love the guitars! Very neat aesthetic. I hope you continue to enjoy making them.
     
  20. LPBlue

    LPBlue Member

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    Tele meets Parker Fly...nice:cool:

    J.R.
     

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