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Post subject: Re: Fender logo/decal
Posted: Sat Oct 22, 2011 9:52 pm
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Since I won't resort to insult anyones intelligence- apparently I have no idea what I am on about 'like most other people here on the internet giving legal advice' so I'll say this- it's ultimately up to the OP what he/she wants and chooses to do.

I'm not all for making fake guitars and flipping for a profit and misleading people- but the point is that OP doesn't want a regular fender neck- he wants a warmoth neck. Be it a highly figured or plain, U-shape or SRV shape.. whatever. He wants a better neck than a regular Fender one and he doesn't want to loose the name- he wants a Fender because he paid good money for one.

Putting an 'E-bay Neck' on his strat makes it no more fake than the neck he may make from Warmoth. Either which way, it's still going to be a 'modified' strat at the end of the day.

I also won't climb aboard the trademark/copyright wagon because I have copied, downloaded more movies that I care for, I have copied from a friends collection many music CD's and made mixes for car journeys and even for old mix tapes back in the day of cassettes.. and I bet many of us have done the same. Im guilty- I'm not immune.

So instead of getting into a useless argument that will go nowhere, Ill leave it at that for everyone to ponder.

Enjoy. :wink:

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Post subject: Re: Fender logo/decal
Posted: Sat Oct 22, 2011 10:10 pm
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OK ladies...we're getting testy about this matter again, and we've been down this road several times before over the years, on several threads which became quite heated. The issue rises to what he represents the neck to be. In the darkness of his room, for his own personal use, no one knows squat. Out in the light of day, where he wants the world to assume its a Fender neck, [which he obviously does] he's committing a fraud. To make matters even more confusing to the uninformed, what ever guitar body he fits it to no longer remains that guitar, because he's taken it a distance from stock. It's a Phantomzonecaster.....and yes....all of you who are going to raise the issue of guitar mods....those too.....and I know it sounds crazy....but according to trademark law, only the stock version of the guitar is legally entitled to the use of the model name. So, if you swap out the stock pickups on, let's say, a Lone Star Stratocaster, it's no longer a Lone Strat Stratocaster. You can argue it until your gut busts, but that's the technicality.Go back into archives, find the threads and read all the trash that went down about neck plates, and logo decals, and certificates of authenticity offered for sale by you know who. You'll also be reminded that I informed the group that my legal source is one of the top intellectual properties attorneys on the planet, whose client list reads like a corporate 'who's-who'. If I told you the names of the two public figures whose cases he's handling at this moment they'd have to kill me.
The die hards on this Forum, loyal to the marque, will always rise up on this issue. If you want, Fender, buy Fender. Otherwise, do something unique and creative to make the guitar your own, and take pride in it for your own sake.

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 2:26 am
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Without name calling, citing legalities, assuming the guilt or innocence of a complete stranger. Or any other nonsense where I'd be on shaky ground. All you need to remember is this...

ZZDoc wrote:
If you want, Fender, buy Fender.


If your instrument has to meet a certain criteria that just isn't available off the shelf. Then go Custom Shop and get exactly what you want.
No excuses.

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 6:02 am
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email directly from fender

Fri, Oct 21, 2011 at 5:31 PM

Hello,

The term licensed is there for companies to produce our trademarked
headstock shape and certain profile specs that are particular to our
product. You cannot receive a logo for a neck that did not come from our
production facility. So you could not for an All Parts, Warmoth or
Mighty Mite but you could get one for the old original Fender guitar
that someone put pledge on and wiped it off. We only license those
companies to make our similar product because there quality has proven
to be solid and they run a reputable business making it available to
customize, alter or repair there instrument beyond manufacture spec and
design.

Best regards,

Michael Roberts
Consumer Relations Representative
Fender Musical Instruments Corp.
8860 East Chaparral Rd. Suite 100
Scottsdale, AZ 85250-2610
Telephone: 480-596-7195
Fax: 480-367-5262
E-Mail: mroberts@fender.com


:lol: @ ORCRiST

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 8:00 am
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Michael Roberts is new name to me in that department but he has recently, this being the third occasion I am familiar with, been immediate and thorough in his response. Quite an asset to the company. Cudos. :wink:

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 8:04 am
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Quote:
The term licensed is there for companies to produce our trademarked
headstock shape and certain profile specs that are particular to our
product. You cannot receive a logo for a neck that did not come from our
production facility.
[/quote]
.....and by extension....nor can you purchase a logo transfer and do the same legally.

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 3:20 pm
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Ok...Say I have a Fender guitar and I was stupid enough to "accidently" rub the Fender logo off the headstock. Would I have to write Fender for a new logo, or would I have to take my guitar to an authorized repair shop and have them order one and put it on? Not that have done this, just asking for future reference. Has anyone here gone through this process?

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 3:38 pm
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rkreisher wrote:
Ok...Say I have a Fender guitar and I was stupid enough to "accidently" rub the Fender logo off the headstock. Would I have to write Fender for a new logo, or would I have to take my guitar to an authorized repair shop and have them order one and put it on? Not that have done this, just asking for future reference. Has anyone here gone through this process?

Judging from the response that Michael Roberts provided I would say that if you were able to obtain a period correct water decal for that guitar from any source, you would not be misrepresenting the instrument because it is a Fender guitar. You'd simply be effecting a repair. These days, you have the neck end dates and the headstock serial numbers in support of that. Given that information, whether or not Fender would sell you a replacement is a matter for investigation. Your question might be best put to Michael Roberts. His email address is attached to his post. I'm sure we'd all be interest in his reply.

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 5:05 pm
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Get the neck refretted. It would cost about the same as buying a new neck.

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 5:13 pm
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ZZDoc wrote:
rkreisher wrote:
Ok...Say I have a Fender guitar and I was stupid enough to "accidently" rub the Fender logo off the headstock. Would I have to write Fender for a new logo, or would I have to take my guitar to an authorized repair shop and have them order one and put it on? Not that have done this, just asking for future reference. Has anyone here gone through this process?

Judging from the response that Michael Roberts provided I would say that if you were able to obtain a period correct water decal for that guitar from any source, you would not be misrepresenting the instrument because it is a Fender guitar. You'd simply be effecting a repair. These days, you have the neck end dates and the headstock serial numbers in support of that. Given that information, whether or not Fender would sell you a replacement is a matter for investigation. Your question might be best put to Michael Roberts. His email address is attached to his post. I'm sure we'd all be interest in his reply.

just as a point of information, there have been several occasions when people on this Forum have done it. The process is the same as for a damaged neck: you go to an authorised Fender dealer, they verify the genuineness of the instrument to the Company's satisfaction and then an appropriate decal to the headstock is supplied, complete with the right serial number if such should be included. The dealer fits it and offers to clearcoat over it if desired, to prevent further damage.

I've a recollection Rob Schwartz once talked someone through that on a thread too. So we have it from a good source.

Cheers - C

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Post subject: Re: Fender logo/decal
Posted: Sun Oct 23, 2011 8:41 pm
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So this would be illegal?

(The logo is just a piece of paper taped on--wouldn't fool anybody-
I am modding this Les Paul copy & will create a new logo for it--possibly a joke name and then putting that on the guitar (The original logo fell off after many years.) I won't be using an actual brand.)

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Post subject: Re: Fender logo/decal
Posted: Mon Oct 24, 2011 4:20 am
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If that is a copy of the Fender logo, then yes. You've used their intellectual material without permission.
Though I'm sure we all agree it's not going to fool anyone and wouldn't be used for monetary gain. It doesn't change the fact that the image of the Fender decal is owned by FMIC. So before you can use it, you must obtain permission. The same way you must pay royalties to any musician who's music you use. Whether you play a recording of it or copy it for your own playing.
It's why Metallica had all the good tabs of their music taken down from sites like Ultimate Guitar and why you have to pay PRS a percentage of the takings if your juke box has recordings in it.

Call it a Fibson.
(A fib is a white lie in this part of the world).

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Post subject: Re: Fender logo/decal
Posted: Mon Oct 24, 2011 4:45 am
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nikininja wrote:
Call it a Fibson.
(A fib is a white lie in this part of the world).

Or an Offender.

Cheers - C

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Post subject: Re: Fender logo/decal
Posted: Mon Oct 24, 2011 5:56 am
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Ceri wrote:
Or an Offender.Cheers - C

.........this one I like. Kind of like an "Orville'...but, in keeping with the topic at hand, even the logo script becomes a trademarke/copyright issue...in particular the letter "F".

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Post subject: Re: Fender logo/decal
Posted: Mon Oct 24, 2011 7:20 am
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Yep likeness rights.

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