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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:10 am
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kbean wrote:
I'm not asking for special favors.


But you are really. You're asking Fender to allow you to make money from its designs and copyrights.

kbean wrote:
If you are disabled yourself, then fine, speak for yourself, if not then don't pretend to speak for me or anyone else.


Damn, all those years I worked for the Disability Rights Commission I should really have been letting disabled people do their own dirty work. Looks like I wasted my time there, they were managing just fine without me.

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:59 am
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jackdragbean wrote:
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! :wink:


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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 5:24 am
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kbean wrote:
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.

Hi kbean: this one point I do know the answer to.

When a company has a trademark - which in Fender's case includes several things such as the logo, the model names, phrases like "original contour body", and the shape of the headstocks - then part of the law around owning a trademark is that they have to protect it, or they lose it.

That means they have to chase after even small infringements of their commercial property, because otherwise later on a court will decide that words or product designs have become generic and are out there for anyone to use.

That is exactly what happened with their body shapes. For many years they ignored all the small companies making guitars with Strat and Tele shaped bodies, but later on belatedly tried to register them as trademarks, like the headstocks. Too late: a group of companies challenged them in the courts and won. By not defending their ownership of their body shapes all along Fender lost the exclusive right to it. They are very determined not to make that mistake again.

Nonetheless, in law there is also the concept of "fair usage". That's how Fender's products get reproduced everywhere from magazine photos to album covers without anyone getting upset. For you to have received a Cease & Desist notice (assuming it is indeed from Fender - is it?) you'd have to be doing something that steps outside fair usage, such as using specifically recognisable replications of their trademarked designs on some commercial product, like clothing or memorabilia.

Though you haven't told us exactly what your images are, it sounds like it's something along those lines, right? In that case Fender are obliged to defend their intellectual property: the law essentially tells them; "use it or lose it".

Cheers - C

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 7:31 am
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This sounds like bs to me. If you received a c&d you would know who it is from and what it is for. Contact the lawfirm you received it from and get it straightened out. Could be someone fishing for business.


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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 8:49 am
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You post this in multiple sections of the forum. Biggest whinning sense of entitlement I have ever seen on here. Go snivel elsewhere. :roll:


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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 8:58 am
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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 9:29 am
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kbean wrote:
I can say with 99.9% certainty that the complaint came from FENDER


You should really have all your facts straight and handle something like this in a more professional manner.

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 10:14 am
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Game, set, match, I believe. :wink:

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 2:19 pm
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The best part was "larger people".

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 2:57 pm
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I'm a newbie here.

I'm happy that you folks called BS on this guy. He doesn't deserve any support for stealing intellectual property. I already like this forum, I'm even more impressed by how you've all handled this.

There is someone selling t-shirts on ebay that have logos with recognisable Fender headstocks. (Stratocaster and Fender Bass style) The designs are cool, but you can also tell that they are not affiliated or licensed by Fender. I resisted buying the products because it was clear to me that someone wasn't playing by the rules.

I wondered why this person hadn't been asked to stop this practice by Fender. I'm guessing that we've just met him. I'm not going to link to his ebay sales because I don't want to help his cause. I'm betting that many of you have seen the same t-shirts.

For the record, count me as another diabled person offended by him putting that in his first post and using the excuse that it would be the only chance that he gets to speak just aggravated me more.

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 3:07 pm
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drummer5359 wrote:
I'm a newbie here.

I'm happy that you folks called BS on this guy. He doesn't deserve any support for stealing intellectual property. I already like this forum, I'm even more impressed by how you've all handled this.

There is someone selling t-shirts on ebay that have logos with recognisable Fender headstocks. (Stratocaster and Fender Bass style) The designs are cool, but you can also tell that they are not affiliated or licensed by Fender. I resisted buying the products because it was clear to me that someone wasn't playing by the rules.

I wondered why this person hadn't been asked to stop this practice by Fender. I'm guessing that we've just met him. I'm not going to link to his ebay sales because I don't want to help his cause. I'm betting that many of you have seen the
For the record, count me as another diabled person offended by him putting that in his first post and using the excuse that it would be the only chance that he gets to speak just aggravated me more.


Welcome mike from a fellow pgher.


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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:15 pm
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"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."
Kbean


Well.....I can say with 99.9% certainty that until you are 100% sure as to exactly who the C&A came from, you shouldn't have posted this thread.

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:26 pm
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Well done with that whole not coming across as a petulant child thing, you managed that to perfection

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:32 pm
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Coming on to a Forum owned by Fender to protest them protecting their own intellectual property was almost as dumb as borrowing their designs without license in the first place.

Fender protecting their designs (Such as their headstocks) is not a secret or a bad thing. Older imported guitars and basses being refered to as "pre-lawsuit era" should have been a clue.

As far as whether or not you get banned, I doubt that it would happen because of posting this. Posting this on 19 different threads is why you might get banned. This thread belongs in an off topic area such as the Fender Lounge if it belongs anywhere. Peppering the entire site with this thread was out of hand.

I'm a moderator on another online forum and have been for years. I would have likely pulled the plug on you for this. Spamming the forum was disrespectful to everyone who visits here.

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Last edited by drummer5359 on Sat Feb 02, 2013 5:42 pm, edited 1 time in total.

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Post subject: Re: Very disappointed with Fender right now.
Posted: Sat Feb 02, 2013 4:55 pm
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The truly dumb thing about this spamarama, is that if Fender didn't actually put any lawyers onto him in the first place, then they might just look into it after this...


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