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Fender body shape trademark denied@!

michael.e

Silver Supporting Member
Messages
20,518
Great! Cannot wait for the NEWEST Strat and Tele type guitar to come out......
Who will it be???
 

sfarnell

Silver Supporting Member
Messages
9,991
Good thing that Fender did not apply for trademark protection in the '50s or '60's before their shapes and models became "public domain." This case would have turned out differently.
 

KBR

Member
Messages
1,604
Not That I have anything to sell!
except my clean 68 BMR Head. (& it's a Fender)
 

stevieboy

Clouds yell at me
Gold Supporting Member
Messages
37,840
Good thing that Fender did not apply for trademark protection in the '50s or '60's before their shapes and models became "public domain." This case would have turned out differently.
I don't think there would have been a case if they had. Offshore pirates aside, the small builders here for the most part wouldn't have used the Fender shapes for the most part if in fact Fender had gotten the proper trademarks. On one hand, I feel for Fender, because they messed up. On the other hand, I don't feel for Fender, because they messed up.

The fact remains, they didn't do what they needed to do. They have to follow the law like everyone else. I think the ruling is right because it doesn't allow a company to decide the rules at their convenience, and then bully others into submission. And I am a fan of Fender.
 

Dana Olsen

Platinum Supporting Member
Messages
7,908
A poor analogy:

The courts determined that Coke CAN trademark their name and logo, and recipe. As SGNick wrote, they're protected since day one.

They CAN NOT trademark the shape of the bottle/ can.

All of us guitar players think "Fender" when we see a Strat or Tele, but the courts decided that after all this time, THE GENERAL PUBLIC sees those body shapes as "electric guitars", NOT as FENDER electric guitars; they're 'generic', and as such can't be trademarked. The same is true for violins, saxophones, etc.

The HEADSTOCK, on the other hand, is where the Fender logo is, and that shape CAN be trademarked, just like the logo, and has been since day one.

As I understand the decision, Dana O.
 

fullerplast

Senior Member
Messages
6,781
A poor analogy:

The courts determined that Coke CAN trademark their name and logo, and recipe. As SGNick wrote, they're protected since day one.

They CAN NOT trademark the shape of the bottle/ can.
As I understand the decision, Dana O.
Sorry Dana....that was probably the worst example you could have chosen.:(

Coke trademarked the shape of the bottle in 1960, 45 years after being first used in commerce. It is probably the closest example of exactly what Fender was doing.
 

michael.e

Silver Supporting Member
Messages
20,518
Sorry Dana....that was probably the worst example you could have chosen.:(

Coke trademarked the shape of the bottle in 1960, 45 years after being first used in commerce. It is probably the closest example of exactly what Fender was doing.
So, then, is Fender getting screwed in this whole deal?

Nothing like the big corporations taking it in the shorts eh?


Man, put an "inc." after your name and you are instantly evil..
 

fullerplast

Senior Member
Messages
6,781
So, then, is Fender getting screwed in this whole deal?

Nothing like the big corporations taking it in the shorts eh?


Man, put an "inc." after your name and you are instantly evil..
There is a tendency to demonize "the man", but no...... the difference is that Coke did not have a consortium of bottle makers opposing the trademark registration.

Gibson did exactly the same thing with the Les Paul shape, many years after first use. Again, there was no opposition to the registration.

Fender would have also easily gotten the trademark shapes registered (it was actually granted twice) if not for the group of opposing builders and tradespeople. They had some valid points and the USPTO ruled in their favor.....but it could have gone either way.
 




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