is this legal?

Twelvebar · **Posted:** Tue Oct 20, 2009 1:35 pm

kk5fe wrote:

357mag wrote:

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

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.

is it automatic, or does it just come to the attention of the administration/moderators and they make a judgment call?

NewWorldDisorder · **Joined:** Fri Dec 19, 2008 9:37 am **Posts:** 30

Twelvebar wrote:

NewWorldDisorder wrote:

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.

Thanks for the answer, Twelvebar. I see your point. Still, if this unlikely catastrophe befell me, I'd be tempted....
:shock:

Cheers!

fhopkins · **Posted:** Tue Oct 20, 2009 2:06 pm

There is also a way to get a replacement neck from Fender if you qualify under their rules. The process is listed in the FAQ section on this forum.
http://www.fender.com/support/faqs.php#q7

nikininja · **Posted:** Tue Oct 20, 2009 2:28 pm

NewWorldDisorder wrote:

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)?

Sir I choose to believe that not everyone who puts a fake logo on a guitar is dishonest but, and its quite a but.
You could do it out of the most honest intentions possible. Suppose your knocked down crossing the road and die, in years to come your old lady sells the guitar. She not knowing would be blameless really. Next thing you know, someones taken for a ride by your innocent woman for your honest intention. Theres only one way to safeguard against such happenings, increase the penalty for copyright infringment. I even understand that if you've broken the neck on your guitar you still want a fender neck. Theres a limited lifetime warranty for genuine faults other than that look after your gear better. A very expensive guitar care lesson that will serve you well.

NewWorldDisorder · **Joined:** Fri Dec 19, 2008 9:37 am **Posts:** 30

fhopkins & nikininja: Thank you both for your feedback on a touchy subject. nikininja, you bring up a very good point. In the end, I guess it's "Buyer beware"--as usual :wink:

Twelvebar · **Posted:** Tue Oct 20, 2009 5:55 pm

It sucks, but Fender has to protect their IP. Not protecting the body shape early on has left the market with a plethora of imitators. i often think we'd have a lot more creative ideas industry wide had Fender been vigilant from the beginning, and other companies would actually have had to do some design work. really almost all of the creative design work in electric guitar world was done by Fender and Gibson when the industry was still in it's infancy.

Everyone else has just done some tinkering on their early basic designs.

mthorn00 · **Posted:** Tue Oct 20, 2009 7:00 pm

NewWorldDisorder wrote:

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)?

The only way to have a "real Fender" in the above situation is to buy a replacement original Fender neck from someone who is partsing out a Fender guitar. "Licensed by" just means that the item produced complies with the basic structural dimensions of the original. Take for example:
:arrow:

"Licensed" Floyd Rose trems, many of them are crap and none compare in quality of construction or material used to the real deal.
:arrow:

"Duncan Designed" pickups aren't as good as Seymour Duncan pickups.

Regarding the phony headstock stickers:
They are illegal to produce.
They are illegal to sell.
They are illegal to buy.
No if's ands or buts, it's that simple.

Don't try to pass off your Warmoth, Allparts, Stewart Mac Donald, Squier (sorry had to throw that in ther because I've seen it), or whatever else guitar as a Fender. It's just pathetic.

Ryan3985 · **Joined:** Fri May 29, 2009 5:41 pm **Posts:** 623

i bought a decal to put on my frankenstein, it was the final finishing touch that i wanted for aesthetic reasons. i never plan on parting from my guitar, the thought of selling it makes me shudder. so i see nothing wrong with it, not like it leaves my basement anyways. i see the legal perspective, and i agree, but i also think some people here are going way over the top with the whole "never make, sell, buy" argument. nothing is always black and white.

Twelvebar · **Posted:** Tue Oct 20, 2009 11:27 pm

Ryan3985 wrote:

i bought a decal to put on my frankenstein, it was the final finishing touch that i wanted for aesthetic reasons. i never plan on parting from my guitar, the thought of selling it makes me shudder. so i see nothing wrong with it, not like it leaves my basement anyways. i see the legal perspective, and i agree, but i also think some people here are going way over the top with the whole "never make, sell, buy" argument. nothing is always black and white.

Just think of the future legal hassles your grandchildren will have when they try sell their antique in 90 years, not realizing it isn't legit!!! :wink:

nikininja · **Posted:** Wed Oct 21, 2009 2:55 am

or they unwittingly break the law after your death. Imagine if the ceo of fmic gets his way and that the death penalty is bought back for copyright infringement. There are stranger laws and punishments. Frinstance its perfectly legal to shoot a welshman in Hereford with a bow and arrow. Providing you are stood next to a policeman and you kill him outright in one shot.

Laws change, punishments change, your guitar will always be a fake no matter how good your intentions are, how good the guitar is. I'd alter it or add something to the back of the headstock to make it clear what it is.

SlapChop · **Joined:** Tue Jan 27, 2009 3:41 pm **Posts:** 1257

Ryan3985 wrote:

i bought a decal to put on my frankenstein, it was the final finishing touch that i wanted for aesthetic reasons. i never plan on parting from my guitar, the thought of selling it makes me shudder. so i see nothing wrong with it....

Obviously you still DON'T see the "legal perspective" or you wouldn't say "I don't see anything wrong with it."

it's not a matter of misrepresenting the product. It is a matter of control of the logo, and Fender says you can't have it.

mthorn00 · **Posted:** Wed Oct 21, 2009 7:10 am

SlapChop wrote:

Ryan3985 wrote:

i bought a decal to put on my frankenstein, it was the final finishing touch that i wanted for aesthetic reasons. i never plan on parting from my guitar, the thought of selling it makes me shudder. so i see nothing wrong with it....

Obviously you still DON'T see the "legal perspective" or you wouldn't say "I don't see anything wrong with it."

it's not a matter of misrepresenting the product. It is a matter of control of the logo, and Fender says you can't have it.

Like the man said, If you aren't FMIC you can't buy, sell, apply, or in any other way use the Fender logo or any of it's assiciated product names or likenesses.

Frankly it doesn't matter a hoot what your opinion is on the issue. It is just that, YOUR OPINION, and opinions have no bearing on the legality of the issue (drug addicts don't think drugs should be illegal, they see nothing wrong with their habits).

If you use the Fender name in any way, for any reason, it is a violation of copyright law.

bluestratocaster · **Joined:** Tue Feb 17, 2009 4:01 pm **Posts:** 105

SlapChop wrote:

357mag wrote:

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.

Well, what you just said is one part of an argument, alot of people just buy the decal because the old one on their headstock was worn off or something and they want to get a fresh logo. There's another side to the argument. I agree that it is illegal to sell these homemade and without Fender's permision but there really is another side to the argument!

fhopkins · **Posted:** Wed Oct 21, 2009 7:26 am

Yeah! Legal or illegal! The two sides.

mthorn00 · **Posted:** Wed Oct 21, 2009 7:29 am

Is the "I don't see anything wrong with it" crowd being purposely dense or do they really not understand?

	Page 2 of 4	[ 54 posts ]	Go to page Previous 1, 2, 3, 4 Next
Go to page Previous 1, 2, 3, 4 Next

	Page 2 of 4	[ 54 posts ]	Go to page Previous 1, 2, 3, 4 Next
Go to page Previous 1, 2, 3, 4 Next

Andorra	EN	ES	FR
Belgium	EN	DE	FR
Croatia	EN
Czech Republic	EN
Estonia	EN
France	EN	FR
Germany	EN	DE
Italy	EN	IT
Latvia	EN
Lithuania	EN
Malta	EN
Netherlands	EN
Poland	EN
Romania	EN
Slovakia	EN
Sweden	EN
United Kingdom	EN

Austria	EN	DE
Bulgaria	EN
Cyprus	EN
Denmark	EN
Finland	EN
Greece	EN
Hungary	EN
Ireland	EN
Liechtenstein	EN	DE
Luxembourg	EN	DE	FR
Monaco	EN	FR
Norway	EN
Portugal	EN
Slovenia	EN
Spain	EN	ES
Switzerland	EN	DE	FR	IT

Mod Shop

Custom Shop

is this legal?

Who is online