Is this illegal?

[MusicStudent1]

Is this DIY Explorer-type bass illegal?

 

http://www.pitbullguitars.com/shop/guitars/pit-bull-guitars-ex-5-electric-5-string-bass-guitar-kit/

 

There are also several do it yourself kits of classic Gibson guitars. Some stuff, like this 5 string bass with bolt on neck were never made by Gibson. They even have a bass which is a version of an ES-175 guitar.

 

http://www.pitbullguitars.com/shop/guitars/pit-bull-guitars-es3-b4-electric-bass-guitar-kit/

 

Illegal or not?

 

I need to know. It they violate a Gibson patent, I won't buy one. If not, it'd be a fun learning project to build and play one. I'm not talking about using a kit to create a counterfeit. The intent is to build something unique and fun for my own use. There would be no Gibson logo on the headstock.

 

I can't do it if it's illegal. A Gibson 5 string Explorer bolt on neck bass never existed as far as I know....neither has a bass ES-175, so calling an instrument like that a counterfeit doesn't make sense to me. Correct me if I'm wrong.

 

Any info would be appreciated. Thanks.

[sparquelito]

There's nothing illegal about building a guitar using a kit.

 

You step onto the wrong side of the law when you go to SELL the kit guitar, and when you attempt to market it with Factory-replica stickers and headstock logos, endeavoring to pass it off as the genuine article.

 

:mellow:

[pippy]

You step onto the wrong side of the law when you go to SELL the kit guitar, and when you attempt to market it with Factory-replica stickers and headstock logos, endeavoring to pass it off as the genuine article...

Correct, Sparky. Happily as the OP has already stated that...

...The intent is to build something unique and fun for my own use. There would be no Gibson logo on the headstock...

...I can't see how there would be anything illegal about the build at all.

 

The lawsuit brought about rules as to what was- and what wasn't allowed. AFAICR the name on the peghead, obviously, as well as the trade-marked/copyrighted name designations; and I believe there was a certain distinction in the precise shape of the headstock - which is why, if you look at the pegheads of the "Telecasters" and the 175-style guitar in the links, the p'heads are sort-of unfinished.

 

The number of companies which produce LP-, Strat-, Tele-, Explorer-, V- (and so on) -shaped bodies attests to the legality of making a body-shape which resembles an already existing design.

 

Furthermore, as the OP is looking at making a 5-string 'Explorer' with a bolt-on neck there's no way it could possibly be seen as a counterfeit as such a guitar has never been made by Gibson. How could one - if assembled - be considered to be a counterfeit if it isn't a copy of an existing instrument?

 

Pip.

[MusicStudent1]

I agree with you guys! I really want the 5 string kit but will be very sad if I order it and it gets confiscated by CBP entering the U.S. None of this ever occurred to me until I stumbled upon the Rickenbacher guys going on and on about how the Ric kits are "illegal".

 

The Ric bass body shape may be patented then it got me thinking about the Explorer shape.

 

So, if any Gibson employees/executives/legal staff want to chime in, feel free. I'm probably going to order it.

 

By the way....I wish Gibson made more basses! Imagine a 35" scale explorer 5 string official Gibson bass....id order that in a heartbeat!! But I digress....

[Pesh]

Kits are big money and many are sold into and from the US, so you shouldn't have any problems if it's coming from beyond borders!