Oh, Wonderdog!

[Bass Control]

Fake Music Man Neck


Thought you might want to see this. Pretty sure this is an infringement. Can anything be done about it?

 

[the24thfret]

Looks terrible!

 

[jamminjim]

the neck is in Hong Kong

 

[Razor]

I don't see anything wrong with it.

 

[Bass Control]

The 4+2 headstock design is trademarked to Ernie Ball. I posted it because it may be held in Hong Kong but it's being sold through into an American market. I'm sure it's more illegal than that if the trademark holds in Hong Kong as well.

 

[mesaboogieman]

"Man's Music"?? wow....just wow.

 

[Dizzy]

Just for that decal I might buy it and then make a trip to Hong Kong to club the seller over the head with it.

 

[Razor]

The 4+2 headstock design is trademarked to Ernie Ball. I posted it because it may be held in Hong Kong but it's being sold through into an American market. I'm sure it's more illegal than that if the trademark holds in Hong Kong as well.

wow. how do you trademark how tuning keys sit on a headstock. if that was the case, fender could have trademark their six-in-row headstock on the strat and kept a lot of guitar companies from competing. if it is indeed trademarked, i hope someone gets it overturned in court so that anyone can use it. I can understand if a company used an identical headstock in shape, but the way the tunings keys sit on it? come on.

 

[KungFu Grip]

if it is indeed trademarked, i hope someone gets it overturned in court so that anyone can use it.

This should go over just great here.

 

[Dante]

like, gibson holds the patent for humbuckers dude. and even if you trademark it, doesn't stop everyone from using it, as long as ur willing to pay for it. also fender would've had to have registered the 6 on a side BEFORE selling guitars, because it would be alot easier to contest a trademark AFTER it's been copied.

 

[GHWelles]

wow. how do you trademark how tuning keys sit on a headstock. if that was the case, fender could have trademark their six-in-row headstock on the strat and kept a lot of guitar companies from competing. if it is indeed trademarked, i hope someone gets it overturned in court so that anyone can use it. I can understand if a company used an identical headstock in shape, but the way the tunings keys sit on it? come on.

Newbie. Three posts.
I guess the United State Patent and Trademark Office and the Trademark laws of the United States are all wrong if this guy is right.

 

[GHWelles]

Fake Music Man Neck


Thought you might want to see this. Pretty sure this is an infringement. Can anything be done about it?

Yes it is an infringment and yes I can do something about it.

 

[bkrumme]

wow. how do you trademark how tuning keys sit on a headstock. if that was the case, fender could have trademark their six-in-row headstock on the strat and kept a lot of guitar companies from competing. if it is indeed trademarked, i hope someone gets it overturned in court so that anyone can use it. I can understand if a company used an identical headstock in shape, but the way the tunings keys sit on it? come on.

The same way you trademark a phrase, slogan or logo. It is something which represents Music Man, a mark of their trade (hence trademark) and therefore can be protected as to keep others from using it for their own gain.

Would you say anyone but Ford could use the blue Ford oval? What about a company other than Chevrolet using their bowtie? This is the same thing. 4+2 is an attribute which makes a Music Man just that, a Music Man.

And now I'll get off my soapbox and let Wonderdog do his thing.

 

[ef_in_fla]

i might buy it and then make a trip to hong kong to club the seller over the head with it.

lol :d

 

[koogie2k]

wow. how do you trademark how tuning keys sit on a headstock. if that was the case, fender could have trademark their six-in-row headstock on the strat and kept a lot of guitar companies from competing. if it is indeed trademarked, i hope someone gets it overturned in court so that anyone can use it. I can understand if a company used an identical headstock in shape, but the way the tunings keys sit on it? come on.

Really...you have no idea. Wonderdog explained it.

 

[Razor]

Really...you have no idea. Wonderdog explained it.

you are the one that has no idea. he didn't explain nothing to me. what I posted made just as much sense if not more. who's to say that fender couldn't have trademarked the six in a row. where does it end? i think many people in the guitar community and guitar builders alike would side with me. this is only an issue about control. and right now under the law music man does have control. but technically, someone could come up and challenge this trademark and get it overturned. because many people would not view this as trying to copy the design of the music man guitar. it makes perfectly good sense to a lot of people that a guitar builder should be able to place the tuners where he/she wants to on a headstock. it's not the same thing as someone copying a guitar body or headstock. it's just tuner placement. i'd surely wager that music man wasn't the first.

although, i don't expect most of you people on this board to understand what i'm talking about, just because a lot of you are blind fanbois to this argument anyways.

 

[koogie2k]

Razor - I am trying to be cool here with you and your keyboard warrior attitude is nothing to me. Your fanboi comment has completely made your point of view moot now. See, your 12 year old attitude makes me just want to sit you in a corner for some time out. Go ahead and flex your Internet muscles....you have no idea how I could care less.

My question to you. Are you a lawyer that knows the trademark and patent laws? Because IF you are...you surely are on the corner begging for change as you will never win a case.

IF you are not then again you have no idea. Search this very forum as there are several litigators who have commented on this. Again, it might be above your comprenhension level for all I know. There are laws. You say other companies...well...gibby, fender, PRS, etc have all sued for infrigement in the past. Again, you have no idea what you are talking about.

I can understand what you are saying. But the "law" in of itself is beyond me and that is why there are lawyers who sort this type of stuff out. I am a simple guy and I just soldier on. It is what it is.

 

[jamminjim]

Razor - to challenge and seek an overturn of a US trademark would be extremely expensive and time consuming. Sure, someone could try. It would require quite a bit of evidence and argument. I, for one, would like to know what your point is? What motivates you to come here and stir the pot? Why is this important to you? If your point is to make a statement, then you have succeeded and really should think about moving on to another subject. Maybe you can convince us that you are not here to create problems.

I think everyone would welcome you wholeheartedly if you gave them the chance. The folks here are good people, and the leader BP is one of the best there is. So, can we decide to end this?

 

[KungFu Grip]

you are the one that has no idea. he didn't explain nothing to me. what I posted made just as much sense if not more. who's to say that fender couldn't have trademarked the six in a row. where does it end? i think many people in the guitar community and guitar builders alike would side with me. this is only an issue about control. and right now under the law music man does have control. but technically, someone could come up and challenge this trademark and get it overturned. because many people would not view this as trying to copy the design of the music man guitar. it makes perfectly good sense to a lot of people that a guitar builder should be able to place the tuners where he/she wants to on a headstock. it's not the same thing as someone copying a guitar body or headstock. it's just tuner placement. i'd surely wager that music man wasn't the first.

although, i don't expect most of you people on this board to understand what i'm talking about, just because a lot of you are blind fanbois to this argument anyways.

Why post here at all then? Do you even own a Music Man?

 

[beej]

Razor- you're new here, so we'll cut you some slack.

First off, Wonderdog is legal counsel for Ernie Ball, so the buck stops with him on legal issues.

Secondly, the headstock design is is trademarked and enforced by EB. They vigorously go after trademark infringements, because that is, in part, how you keep the trademark. Other vendors who never trademarked their designs and let be copied now have no case to go back and trademark them. (As we all found out the other year when a certain manufacturer actually tried.)

You're saying it "should be this way"? Well, it is. You can take it up with the USPTO. That's just the way the game is played.