OK, I’ll surely get banned from the forum here for posting this, but here goes. I recently became disabled and I’m currently struggling to survive on an income that is 55% of what I used to earn when I was able to work. To try and make ends meet I have taken up selling graphic art on the internet and being that I’m a semi-professional musician many of my works are music related. So far the earnings have been only moderate but every little bit helps. Well… recently I received a cease and desist order on 36 of my music-related designs, and I can say with 99.9% certainty that the complaint came from FENDER because ALL of designs that were challenged contain images that RESEMBLE Fender instruments.

I’ve been seeing a real trend towards this sort of thing from large, usually American, corporations; for example, the individual who recently trademarked the phrase “Harbowl”, in anticipation of the 2013 Superbowl, who had his idea stolen from under him by the mighty NFL because it was somehow too similar to the name “Superbowl”; and numerous merchants, including myself and another merchant here in my own town, who have been literally “crushed” by the ultra-powerful NCAA because the NCAA thinks they own the rights to practically EVERYTHING. Now, I’m really dismayed to be finding myself in the midst of a very similar hassle from FENDER, a company that I have been patronizing and verbally promoting for literally 36 years simply for selling artwork containing instruments that RESEMBLE their products. There is nothing derogatory or libelous about any of my artwork, in fact, if it could even be proved that these were actually their products, my artwork was VERY COMPLIMENTARY and some of my designs had been starting to sell very, very well. My artwork actaully PROMOTED their products, often referred to as FREE ADVERTISING.

I don’t think this is any way to treat a formerly loyal customer of 36 years, in fact the fallout is likely to do more harm than good. I’ve spent literally THOUSANDS of dollars on their products over the years, I come from A MUSIC TOWN, I’m well known in my music community and I have numerous friends and colleagues all over the map, and word of these sorts of things does GET AROUND. They can ban me from their forum if they wish, but with today’s social media network I won’t be silenced that easily. e Not to mention, the loss of income this causes me means that I will NOT be buying any of their products any time soon, even if I still wished to. Can any of you imagine if you had written a song that actually included the words “Fender” or “Stratocaster” used in a complimentary way in the lyrics, and just at the same time that your song was catching on Fender put the kabash on it? Not only would that make the songwriter angry but it would really be stupid of Fender to be squashing some free, positive advertising. I’m hoping that someone from FENDER who has any brains will read this and put a cease a desist order on this sort of activity and back off on this a bit. I’m not going public yet on this subject on any other public forum outside this one, until I’ve given Fender ample time to possibly respond on this issue. I know it ain’t likely but at least I’ve been able to say my 2 cents worth, at least until this post gets censored as well.

Sorry... while I sympathize with your plight, I've NEVER seen a C&D Order which didn't list the Plaintiff who initiated the action (and I've seen a few, initiated a few as well) .

You say that you're 99.9% sure that Fender initiated the complaint ...??

Hmmmm....

cheers!

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'11 FSR Am. Vtg. Ltd. Ed. CAR '57 Stratocaster (SN# LE02639)
'14 American Deluxe Ash Stratocaster
'12 Telebration Empress Telecaster
'99 Deluxe Nashville Telecaster
'12 FSR Telecaster HH
'10 Heritage H-535
'99 Martin DC-1E
'13 Lanikai Tenor Ukulele

It's called a copyright and what you've been doing is probably copyright infringement which is why you got the order. I'm a huge Led Zeppelin fan but I'm sure I'd get the same thing if I made t-shirts making money from things that resembled their albums, songs, etc. My suggestion would be to come up with something original, copyright it, and enjoy the money!

Mate, I sympathise, but spamming every sub forum is really sticking your bottom lip out too far, and the posts will likely get canned.

As with my last reply.

I think you should come up with something original, and not try to make money off someone else's design idea.

Also, you need to find out who gave you that order. Otherwise, there's no point crying over spilt milk.

If your creative enough to make a graphic print, I'm sure you will come up with something else.

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So you used someone else's trademarked material in your own commercial venture without getting approval?

You're lucky you just got a cease and desist.

If you have the skills to create something, then you presumably have the skills to alter it enough to not have lawyers chasing after you. That's a case of "Aw, bugger, they noticed - ah well, I'll change it a bit" rather than "I'm going to spam a forum and have a fit".

Also, leaning on the 'I'm disabled and struggling so I should be allowed to do it' angle is reaaaaally distasteful to those who are also disabled and manage just fine without asking for special favours.

So is the "I've spent $1000s on Fender gear" line. Sorry, that's just immature.

It's like the accountant who embezzled his employer, who says he was entitled to it because he worked hard for them...

I'm not asking for special favors. If you are disabled yourself, then fine, speak for yourself, if not then don't pretend to speak for me or anyone else.

It's easy to say "aw just change it" but I've spent a HELL of a lot of hours producing these designs and then putting them up on the website. I certainly have considered that option, and may likely do it in the future, but it's a real setback when I'm trying to concentrate on new works.

Comparing artwork to embezzlement is WAY out of line, especially since you haven't seen the artwork and therefore aren't qualified to judge whether it's copyright infringement or not.

The Matrix polices itself. The infected do the dirty work. It is apparent here.

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I have some Fender gear.
(Telecaster, Jaguar, Villager 12 String. Mustang l, Bronco, SCX2, Rumble 350, HRDIII, Rumble 2x8 Neo Cab)
http://www.reverbnation.com/modwiz

I mention that I'm disabled not because I'm asking for favors but I figure that since my original posting was likely the only voice I'll ever get in this matter I think the people at Fender should really understand how these actions directly affect other peoples lives.
Can anyone tell me specifically how my designs would negatively affect Fender's business? They sell GUITARS. I realise that they do sell some clothing and maybe they fear that I might cut in just a little on those sales, but it's not like I was selling THOUSANDS AND THOUSANDS of clothing items, we're talking less than 100. I would even have purchased clothing items from Fender myself but some of us wear a larger size than they carry and the site I have been using carries much larger sizes. For us larger individuals it's nice to be able to own and wear some clothing that expresses our interests. But then maybe Vulpinity thinks that mentioning that is out of line as well.

It would help us to at least try to understand and to judge if you would describe, in what way you used the Fender designs.

If it would be a drawing/painting of Eric Clapton playing a strat, it would hardly get the lawyers going.
So I assume you did something else regarding copyright infringement.

While I certainly can understand your anger and despare (I got sick in 2007 myself, not being able to do my job anymore), I also have to say that if you plan to invest several thousand bucks on a job idea, you MUST make sure in advance, that there's no law or regulation against what you are doing, i.e. get a lawyer check your idea first.

Especially if someone else's idea or design is involved.

I mean, the term COPYRIGHT is in every media all the time.

I wonder why you don't KNOW that it was Fender? You only SUSPECT them by a high percentage but those written "warnings" are ALWAYS signed by the holder of the copyrights or their lawyers so that they can take action if you shouldn't comply with their requests.

I can't imagine that they leave you in the dark, needing to GUESS who's warning you and who's ordering you to stop what you're doing.

There ARE some questionable lawyers out there who profit from doing such things, like demanding fees for missing impressums on webpages and stuff like that, but they cannot take advantage of other's Copyrights. The holder of the rights has to do that or have it done by his/her lawyers and then YOU WOULD CERTAINLY KNOW.

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Kindest regards from Germany, Dee
My recordings --> http://www.soundclick.com/bands/page_mu ... dID=564337
STRATS ROCK!!! but Teles and Firebirds, too!

Well, as I said: describe!

Whether you're disabled or not, it doesn't make a difference.
Fender is a Trademark!
If you want to use a trademark, you need permission.

Just because I'm a fan of "Lord of the Rings" doesn't allow me to write a novel placed in the Tolkien universe! It's his idea and I need permission to use "his fantasyworld" to earn money with MY STORY. I wrote it but I used someone else's idea.

It doesn't matter whether I write and sell ONE NOVEL or tousands of them.

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Kindest regards from Germany, Dee
My recordings --> http://www.soundclick.com/bands/page_mu ... dID=564337
STRATS ROCK!!! but Teles and Firebirds, too!

Fender aren't monsters, they're doing what any company would do and protecting its brand identity by stopping unauthorised use of its trademarks and intellectual property. FMIC don't know you have a disability and they'd be unlikely to change their legal position even if they did know. If you're making money by using Fender designs then they do have a right to ask you to stop.

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my stuff on soundcloud