I see that Mr Bean hit almost every subforum in here, EXCEPT the Ask Mike Eldred, where there is a real, live, involved Fender manager in charge. How did that one get missed?

kbean, could you post a picture of the C&D letter so we can read it ourselves? Thanks much.

_________________
"Today Atlantis, tomorrow the world!"

Better yet, post a picture of the art work in question.

And if it is really that good, contact Fender about getting a license.

_________________
"Today Atlantis, tomorrow the world!"

Is a mod going to lock these idiotic threads anytime soon?

_________________

my stuff on soundcloud

Mike's Forum is locked. See Brad's comment therein.

_________________
"Another day in paradise!"

Can't reference the site. However, if the seller is overseas, US copyright/trademark law does not apply, and might explain Fender's lack of intervention.

_________________
"Another day in paradise!"

Spacewolf, I hope this works:
http://s1283.beta.photobucket.com/user/ ... 9114844649

cnsky54 - ha, made ya look. You think it's pathetic that I posted to multiple subforums but how pathetic is it that you went and checked?

You really are the worst kind of child. I'm happy to report you and your threads to the mods, as I don't indulge in pre school trolling.

Well, if I'm a troll, then you've been getting caught up in a lot of troll-baiting. Welcome to the Loser's Club.

It's funny how you said it "RESEMBLES" fender products, but a quick look at your link shows a fender bass, logo and all in your artwork.
I will agree that it does look pretty cool, and I like the idea of the design, but if they ask you to stop, you've gotta stop. there's no argument there. sorry.
I've even made a few things myself that highly resembled fender guitars.. (in my little metal sculptures i make) but I never put a logo on them. but even then, if I was told to stop, I'd stop and radically change what I'm doing.

_________________
~Dan

Hey, I've already asked one moderator if there's any way for me to delete the threads since a couple of people out there in the shark tank can't seem to keep from getting their panties in such a knot. Haven't heard anything back yet.

I apologize that I was in a narcotic, pain reliever-induced stupor last night when I originally posted and probably should have slept on it first.

It is amazing to me, though, how many people were complaining about "spamming the board" yet they were all to eager to keep jumping into the pecking party and thereby keeping the posts at the top of each forum. If you didn't keep commenting the threads would have just disappeared into obscurity.

Well that clears the air, doesn't it. In trademark/copyright law there's a test of confusion. Whether or not a thing could be reasonably confused with another. To a knowledgeable player, this is would be recognized not as a bass bridge and pickup but specifically a Tele type bridge, and a Fender Jazz Bass pickup. In the playing card, you're showing a Jazz Bass with the headstock and logo, both of which are trademarked. Fender could argue that you were capitalizing on this recognition to attract a potential buyer. They would certainly be able to document when/if they first patented both and released product in which these parts were used. In a legal fashion they are asking you 'nicely' to stop using these images and their associations with Fender, for your own purposes. Do not make the mistake of looking for any altruism on their part in this matter. As Hyman Roth said to Michael Corleone..."It's strictly business." In same regard, it's strictly business with us as well. You're dealing with a fiercely loyal fan/customer base. If anyone, even a long-timer, presents with a controversial issue which the membership feels is counter to the interest of FMIC, I can almost guarantee a wide range of response, but all in vigorous defense of the company.

If you want to delete your post of late, go back to the original, hit edit, highlight all of the copy, delete it and close, or type in 'deleted by author' and close. That will speak to your end of it.

_________________
"Another day in paradise!"

lameandcliche, but it dose pose an interesting question - at what point do you have to modify something to where it is no longer a copy?
As for seeing a Fender Jazz-Bass, it could just as easily be an old Ibanez, Hohner, Morris, Aria, Canora, you name it. I understand that there was a lawsuit regarding these but I also seem to recall that Fender lost the lawsuit except for the headstock. Since I drew the headstock freehand on the computer I doubt that you could overlay it directly on a Fender headstock and get anything to line up, unless my eye is that good. So at what point is it no longer a Fender headstock?

ZZDoc - I've never seen a Tele bridge that looked anything like that, Teles all have paired saddles where one saddle supports two strings.

Plaintiff's attorney's in trademark cases retain the services of skilled researchers who 'test' consumer recognition. In your case it would be hard put to demonstrate that the headstock recognition is not first and foremost "Fender". Second..the headstock 'shape' is trademarked. It will always be Fender. There are a sufficient number of headstocks in the electric guitar community which suggest a spinoff from Fender but have been sufficiently recontoured such that any confusion has been eliminated. Third: the logo art is trademarked. It will always be Fender. [See the Warmoth agreement with Fender for the production of replacement necks with Strat and Tele headstocks.] The only way you could win your case is the same way PRS prevailed when Gibson sued on an infringement charge. The appeals court ruled that Gibson had failed to prove its confusion contention. The court found, in essence, that the shapes of a Les Paul and a PRS Singlecut were sufficiently different such that they could not be confused in a smokey bar room. With respect to the bridge, fine details notwithstanding, the first thought that comes to mind when looking at that bridge and its saddles is Fender Telecaster simply because of the barrel design and the placement of the adjustment screws. It's a Tele design concept modfied for the Jazz Bass application. Fender does it all the time, and would be able to stipulate as such in court.

So that you may understand more fully from whence I draw my information, I spent the better part of five years commuting every morning with probably one of the world's leading intellectual properties attorneys whose client base is in the same league with FMIC. More than once I have tapped him for case law on matters of discussion in these pages regarding trademark and copyright.

Excepting for your disappointment, we have likely saved you time, effort and considerable coin in our remarks. Take your considerable artistic talent and find a pathway to its gainful employment without stepping on the toes of sleeping giants.

_________________
"Another day in paradise!"