This guy has fender decals for sale on Craigslist -

http://boston.craigslist.org/bmw/msg/1424322255.html

doesn't seem right to me - what would you use them for except to scam?

I don't think FMIC would say it's legal!! There are a lot of people doing that and that's why you have to be so careful when buying used Fenders.

Don't jump to conclusions and say people that use them are scamming. There are people that put them on their blank headstocks for their own personal use because blank headstocks look bad anyway. They are not selling the guitar trying to pass the neck off as a genuine Fender. Of course I know that there are two sides to this argument just like all others.

No, there are not "two sides" to this argument. There is the law, and there's what you think.

Trademark law has nothing to do with whether or not you try to commit fraud by passing the item off as an authentic Fender guitar. Trademark law is about assigning control of the use of the trademark. The Fender logo is a trademark of Fender Musical Instrument Corp., and they have been grated complete control over that logo.

They say you don't get to use it... for ANY reason. YOu don't get to sell a guitar with that logo on it, you don't get to print t-shirts with that logo on it, and you don't get to make decals (or place one on your guitar) with that logo on it. That's the law. The only reason more people aren't prosecuted is the impossibility of finding every case of infringement. But stealing because you won't get caught is still stealing, and there aren't two sides to that argument, either.

You think a blank headstock looks bad? Then make your own logo and stick it on there. But you don't have any legal right, ever, to use Fender's logo.

Finally.... "don't jump to conclusions?" Gimme a break. How many fake Fenders are for sale on eBay right this second? How many times have you seen threads on this forum about the veracity of a given guitar, only to realize after 40 or 50 posts that it's a complete fake AGAIN? Fake logos exist to make fake guitars. And every guy who says "I'm just gonna put it on my guitar and I would NEVER misrepresent it" eventually ends up selling the guitar to someone who has made no such promise, and another fraud gets introduced into the system.

Yes, selling Fender logo decals on Craigslist is illegal, as is quite a lot of Craigslist activity.

Actually, what people plan to use the decals for is irrelevant, the act of selling these decals itself violates copyright and trademark laws.

it is also illegal to produce counterfeit goods. you can build an exact copy of a Strat, and not break the law. as soon as you "brand" it you are counterfeiting.

my home brew projects never get company branding. i don't rebrand anything i only repaint, or do simple mods to, but stuff I actually build get their own logo.

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I'm not an expert, but I play one on the internet.

I forwarded the link to Fender customer relations (only email I could find). Maybe they'll shut the guy down.

Good. That's the thing to do!

The only problem there is, they'll likely just "grow" another craigslist identity, and continue what the were doing.

Matt

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Fast Cars & Loud Guitars!

According to your logic a beer exists to turn people into alcoholics. Nope. And you certainly can't say what someone else will do with their own guitar. To make the generalization that everyone will sell theirs and said guitar introduces another fake into the system is a broad sweeping generalization which can't be properly made.

That's unfair. Not any kind of direct comparison. The comparison, is pouring homemade or cheaper beer in a Heineken bottle is only done to make people think it's Heineken.

doing that at home isn't bad, but print off a thousand labels, start an auction and send a link to your sales and see what the brewery does.

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I'm not an expert, but I play one on the internet.

If enough people here would just click on the "prohibited" link on the right of the ad, it would go away. Craigslist gives the users the power to delete an ad. Of course, two things go here.... it takes more than one person (you cant keep clicking.... ) and nothing to stop the guy from posting another ad.

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'00 American Deluxe Stratocaster (Kinman Hx pups)
'08 Ibanez AS73 (Gibson Burstbuckers)
Fender DeVille 410

Everytime I tried to delete an ad of mine I couldn't because they said there was no provision yet for doing so.

Devil's Advocate, here: If the Fender neck on my Fender guitar breaks, and I replace it with a Warmouth or another "Fender licensed" neck, is it no longer a Fender? Am I outta luck, stuck with a generic when I've paid for the real deal (price of new neck not even included)?

Licensed replacement necks aren't the real deal. This is spelled out in their licensing agreements. All it means is that these companies build necks that comply to fender's specifications, and that they are allowed to produce the protected headstock shapes.

strictly speaking once you make the replacement your guitar has gone from "fender stratocaster" to "fender stratocaster" body with licensed replacement neck.
Almost all of us would sill consider it a real fender, but technically it is only partially a real fender.

In my opinion the neck really defines my guitars, in terms of feel. I think for playability, and comfort it really id the most important part, to me. I can see why fender is so sticky on this issue.

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I'm not an expert, but I play one on the internet.

Right... you cant delete your own ad once it goes out. What I'm saying is if enough people click on the prohibited link, it will delete.

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'00 American Deluxe Stratocaster (Kinman Hx pups)
'08 Ibanez AS73 (Gibson Burstbuckers)
Fender DeVille 410