This is quite funny....

[Knox]

These guys actually believe that Ed will release his new guitar sometime soon at that it will feature the oriignal EEBMM EVH body style.....

I attempted to expplain to them how Big Poppa owns the copyright/patent on the EBMM Axis/EVH body shape and headstock etc but they basically informed me that Mr Ball doesn't know what he is talking about and if Ed wants to re-release his EBMM EVH he can and will.....numbskulls!

Have a read anyway...its good for a laugh!

http://www.eddievanhalen.com/evh/index.php?name=PNphpBB2&file=viewtopic&t=682578

 

[TonyEVH5150]

I post over there (same screen name). They tend to get over-excited when unsubstantiated rumors come out about anything "you know who" is releasing.

They were supposedly coming out with a revamped version of the Wolfgang, but Charvel/Fender was having problems getting around some of Peavey's design patents.

Anyways, probably not worth the bandwidth here. I'm glad Ed was with EBMM for the time he was there, but the Axis is a great guitar, with or without him.

 

[Knox]

True...but its just the fact they feel Mr Ball has no say in this matter especially when he is still selling us the AXIS...

 

[Big Poppa]

Neither one of us have a design patent. I would look at it as a com;iment if he decided that the shape that Dudley came up with (NOT EVH) was what he wanted. I have heard many many times of people being in 5150 and the gold MM is still in use to some degree This is unsubstantiated and Im just repeating what has been relayed to me.

 

[Knox]

Oh right!

I didn't realise that!

I thought that you kept the design and ar enow using it in the form of the AXIS...

Would be a bit strange if he re-used it for his own guitar...

I thought that that was the reason he couldn't duplicate the AXIS body shape when he went ot Peavey and had to modify ever so slightly?

So how come Mitch form meanstreet can't sell the Axis copies nor anyone else? COme ot think of it many companies are! Isn't that breech of somehting?

 

[GHWelles]

Product appearance and configuration is protected by trademark. Like the shape of a coke bottle. That shape is a trademark. If a copy product is likely to confuse customers as to who is making the guitar, then it is trademark infringement. That is why knock-off guitars are not legal. For example, Gibson sued Ibanez back in the 80's and got all the Gibson look-alike models stopped.

On the other hand, take a look at the Peavey Wolfgang v. the EBMM AXIS. No one is going to mistake the two. The Peavey headstock is three on a side, and has the "tulip" cut out. The body shape is slightly different. If you were looking to buy an EBMM AXIS, you probably wouldn't end up buying a Peavey Wolfgang by mistake....

It's not an exact science, but generally speaking you can't make a product that looks so similar to someone elses (in the non functional aspects) that the public will be likley to be confused and attribute the source of the product to the original manufacturer.

 

[Knox]

Exactly...I'm pretty sure if I designed a car that to all extents and purposes was a Ferrari F430 and called it an Irarref there would some unhappy people in Italy....

 

[Bungo]

Exactly...I'm pretty sure if I designed a car that to all extents and purposes was a Ferrari F430 and called it an Irarref there would some unhappy people in Italy....

..and you don'ta wanta to makea the men in Eeetalia unhappy!

 

[robelinda2]

so long as they do a better job than on the wolfgang

 

[TonyEVH5150]

so long as they do a better job than on the wolfgang

I was happy with the wolfgangs, until I got an Axis. The neck on the Axis blows the wolfgang out of the water.

I wasn't too thrilled with the trem models of the wolfgang, but the stoptails were awesome.

Hopefully, the next version of the wolfie improves on the areas where the Peavey model fell short.

 

[robelinda2]

I was happy with the wolfgangs, until I got an Axis. The neck on the Axis blows the wolfgang out of the water.

hell yeah! aint even a contest

 

[Norrin Radd]

On the other hand, take a look at the Peavey Wolfgang v. the EBMM AXIS. No one is going to mistake the two. The Peavey headstock is three on a side, and has the "tulip" cut out. The body shape is slightly different. If you were looking to buy an EBMM AXIS, you probably wouldn't end up buying a Peavey Wolfgang by mistake....

Or a Les Paul and a PRS SC? Any legal thoughts on how that all shook out WonderDog? Do you agree with the final ruling or not? Just curious.

 

[OrangeChannel]

Or a Les Paul and a PRS SC? Any legal thoughts on how that all shook out WonderDog? Do you agree with the final ruling or not? Just curious.

Well considering that they don't look that similar....I feel it was a victory for makers everywhere because I heard that if Gibson was successful, then Fender was poised to launch a war on any making a double cutaway styled instrument. That would have been very baaaad. Very baaaaaaad.

 

[John C]

Well considering that they don't look that similar....I feel it was a victory for makers everywhere because I heard that if Gibson was successful, then Fender was poised to launch a war on any making a double cutaway styled instrument. That would have been very baaaad. Very baaaaaaad.

Fender actually did file for trademarks on the Strat, Tele, P-Bass and J-Bass body shapes and trade dress (exact hardware placement for controls, etc.) right before the original ruling in Gibson's favor on the Les Paul vs. PRS Singlecut case. Even though the was overturned in favor of PRS on appeal, Fender is STILL in the process of trying to secure those trademarks.

However, unlike when Gibson got their trademark, there is a large group of folks who have pooled resources to fight the trademark application. Among the notables in the group fighting the trademark are Tom Anderson, John Suhr, and Warmoth among 20-30 companies who are contesting the trademark application.

In case anyone was wondering why Gibson got their application, it was filed in the mid-1980s shortly after Henry & his team bought the company and no other company at the time contested the application.

 

[Tolerate]

Feel free to correct me. Trademark is very different legally to copyright. The design / shape of a guitar is not trademarked unless the manufacture of it has trademarked it. but as that item is a creative product it is automatically copyrighted as soon as it is made.

The difference is that a piece of liturature / design / music / film / anything artistically created is automatically copyrighted, but it isn't trademarked. Brands are trademarked once the owner of that brand has paid the thousands upon thousands to trademark it.

Anyway, Im not really sure where Im going with this. But there is a very big difference between trademark and copyright, but its easy to get the 2 confused

 

[slukather]

so long as they do a better job than on the wolfgang

Yeah, they will have to make it better than the Wolfgangs, but considering l've heard the Evh Art series was hit or miss, l doubt it.

But seriously, does EVH name sell anymore? Only the diehards will buy his gear now.

But if it's true about them making a 5 channel amp for Eddie, it might get the attention of quite a few guitarists, but l don't see them making a 5 channel amp, if so, it will have one hell of a price tag, money for Fender, money for Ed, money for Ed's lawyers, probably cost around $20,000.

But as far as the guitars are concerned l think the are all trying to guess, so when Ed finally does release a new signiture model, they can say "I told you so".

But fans on Vh fan sites/forums, know little or nothing about what goes on in Van Halen land, it's just the normal, "l know a guy, with knows a guy, who's related to a guy that works in a guitar store in Afganastan, who's a Fender rep and he says eddie's releasing <insert new rumour for the month>"

But l'm incline to say that Ed will use the Wolfgang shape for his next guitar, as he seems to own the shape and whatnot, it doesn't seem he can use the Axis shape, as he didn't even design it, or owns the design,
besides, if people want an Axis, they'll buy an Axis, not some cheap rip off with some has beens signiture and marked up price tag.

Scott.

 

[roburado]

But seriously, does EVH name sell anymore? Only the diehards will buy his gear now.

But if it's true about them making a 5 channel amp for Eddie, it might get the attention of quite a few guitarists, but l don't see them making a 5 channel amp, if so, it will have one hell of a price tag, money for Fender, money for Ed, money for Ed's lawyers, probably cost around $20,000.

I think the only thing EVH that I'd be interested in is maybe effects and if it's an EBMM EVH, but you're right, a 5-channel amp might get me to look in its direction.

 

[robelinda2]

well i played the EVH Charvel, there's one at Billy Hydes in Blackburn, Scott. Piece of sh*t. way overpriced.

 

[slukather]

well i played the EVH Charvel, there's one at Billy Hydes in Blackburn, Scott. Piece of sh*t. way overpriced.

Really???? it's expensive, i just saw it in the Billy Hydes catalodge, l didnt know they had one in stock, you can get a EBMM for cheaper, and have quite a bit of change left over, and to be honest l don't know whow anyone can justify it, you wouldn't play it on stage, it's like getting up on stage with a hot pink guitar, and it's just not versitle enough.

Scott.