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

cmatthes

Member
So, are you known as an artist outside of the stuff you paint on guitars?

Are you actually building guitars yourself like a true luthier or are you just taking a Dremel to a pre-made Fender-style neck and attaching it to a body?

Not trying to be critical, but trying to understand if there is something that would draw a purchaser or retailer to seek out your stuff.
 
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Guitar Josh

Resident Curmudgeon
You will never get a TM on that headstock. It's a Parker Fly copy. Pretty much dead on too. I don't know why you are arguing with people in this thread. They are all right.
 

rokpunk

Member
seems like you went through a lot of work. kudos on that. no offense meant, but it's about as far from my cup of tea as humanly possible.
 

brianr0131

Member
You will never get a TM on that headstock. It's a Parker Fly copy. Pretty much dead on too. I don't know why you are arguing with people in this thread. They are all right.
I have several Parkers and OP headstock looks nothing like them to me.

Also, OP has the trademark as noted in his post from this month.

Why so negative?
 

Guitar Josh

Resident Curmudgeon
I have several Parkers and OP headstock looks nothing like them to me.

Also, OP has the trademark as noted in his post from this month.

Why so negative?
He has a worthless TM if anything.

I'm negative? :huh I take it you read the OP and my post and then stopped. Because you clearly didn't read the rest if you think *I* am being negative.

And the fact you think that this:


Looks NOTHING like this:



Makes me really wonder what you are up to.
 

patentcad

Member
And the fact you think that this:


Looks NOTHING like this:



Makes me really wonder what you are up to.
Tell it to the judge. Good luck with that rationale.

Everything is derivative to some extent. The circumstance that a given design looks somewhat similar to an existing one doesn't even begin to cross over into infringement territory. It has to look like a blatant knock off to the observer, and your contention that this is the case in the example above is preposterous on its face.

This is my business, I conference with patent and TM attorneys on matters like this every week. Your assertion here is hard to understand. Maybe I'm missing part of your argument.
 

DeeDub

Member
While there is a similarity to the Albert Lee model.. the back end is much more (actually almost totally) squared off and the bottom cutaway is shallower. Upper bout is different looking, too. To me, at least.

I like it!

And yeah.. that headstock looks NOTHING like the Parker, IMO.
 

TRGuy

Member
Heres an interesting idea. There are cases where small businesses have created designs or ideas, and much larger companies have stolen these, happens all the time. When the small companies sue the larger ones, the large companies take the case into a time consuming, VERY costly court battle for one reason, they know the small company cant afford the cost.

If I was to take your very nice design, and start selling them to the public, how would you protect your patent against someone that works close to the legal department of one of the worlds largest companies? Could you REALLY protect that patent against a company that would push the case into a multi-million pound court battle?

If no, then what is the point?
 

patentcad

Member
If I was to take your very nice design, and start selling them to the public, how would you protect your patent against someone that works close to the legal department of one of the worlds largest companies? Could you REALLY protect that patent against a company that would push the case into a multi-million pound court battle?
Small companies do this all the time, but it's not easy and it's never cheap. That is the system that exists. I can't really think of an alternative.
 

narad

Supporting Member
Ha, this thread is fantastic! I can't believe you pursued a patent/TM on a Ruokangas headstock rip-off mated to an Albert Lee rip-off body! Alternatively, telecaster bodies! C'mon, man!

But to the guy that thinks the headstock is a Parker Fly ripoff...ridiculous. Not even close.
 

Jon Silberman

10Q Jerry & Dickey
Silver Supporting Member
"There's nothing new under the sun."

Kohelet (AKA Ecclisiastes) c. 3rd century BCE

To the OP: Don't let the TGP boo-birds get you down.
 

uburoibob

Yanuziello Guitar Enthusiast
Supporting Member
He has a worthless TM if anything.

I'm negative? :huh I take it you read the OP and my post and then stopped. Because you clearly didn't read the rest if you think *I* am being negative.

And the fact you think that this:


Looks NOTHING like this:



Makes me really wonder what you are up to.
I gotta say, Josh, that I don't see it. And Ken Parker is a very good friend, so I would be the first to hop up and defend him. I just don't see any more of a resemblance than it being a six-on-a-side headstock with straight string pull.

Bob
 

patentcad

Member
In the late 19th century some government official famously suggested closing the patent office because everything had already been invented.
 

Guitar Josh

Resident Curmudgeon
Tell it to the judge. Good luck with that rationale.

Everything is derivative to some extent. The circumstance that a given design looks somewhat similar to an existing one doesn't even begin to cross over into infringement territory. It has to look like a blatant knock off to the observer, and your contention that this is the case in the example above is preposterous on its face.

This is my business, I conference with patent and TM attorneys on matters like this every week. Your assertion here is hard to understand. Maybe I'm missing part of your argument.
Well, I guess then Apple really doesn't have a chance at all if this is the standard. Those boys at MoFo are just wasting their time.

Stop referencing patent BTW. There's nothing to be patented here.
 

Guitar Josh

Resident Curmudgeon
I gotta say, Josh, that I don't see it. And Ken Parker is a very good friend, so I would be the first to hop up and defend him. I just don't see any more of a resemblance than it being a six-on-a-side headstock with straight string pull.

Bob
Bob, the first thing that popped in my mind when I saw the headstock was a parker. I didn't even have to think about it.

Both have an elongated top portion reminiscent of the blade of a hockey stick. Both have a longer top than bottom half. Both have a little "butt" area below the upper portion. All the OP did was make the bottom portion longer. That is not worthy of protection.

Gibson stopped PRS's SC with less than the above.
 


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