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Fender loses guitar copyright case


brianh

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I think that Fender wanted the patent restrictions so nobody else could make a guitar with all the similarities of a strat. Then Fender could raise the price of their guitars AGAIN because they would be the only guitar available with that body style. I am glad that they lost because they would have caused alot of other people at other guitar companies to be out of jobs if they had won.

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Do offense intended to Fender, but I'm glad they lost that case. Obviously their trademarks ("Stratocaster", "Telecaster", "Jazzmaster" etc are protected) - what more do they really want? After all this time it's a bit late to try and patent the generic shape of a Strat. They will always have a market because they can only ever be the "official" Stratocaster manufacturer. Everything else, even if it is a great guitar, is a Strat-influenced instrument or Strat-copy. Sometimes these will be better instruments than Fender's own, sometimes not. Such is life.

 

Also, it's a bit cheeky of Fender when you think about it. Leo Fender didn't dream up that headstock. Paul Bigsby did, in the 1940s (when Leo was still a radio technician).

 

sidebysideheadstocks.gif

 

On the flip side...well, if other manufacturers were not allowed to "copy" Strats, Teles (and, had this lawsuit set a precedent,) Les Pauls, SGs, 335s...I guess there would be a lot of more original designs on the market.

 

Ironically enough, it is some of the cheaper manufacturers who are being more individualistic these days, even if they are harking back to their own pasts:

 

DeadOn67_Bari_cobaltblue.jpg

 

 

 

Still, I am relieved Fender lost this case.

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Do offense intended to Fender' date=' but I'm glad they lost that case. Obviously their trademarks ("Stratocaster", "Telecaster", "Jazzmaster" etc are protected) - what more do they really want? After all this time it's a bit late to try and patent the generic shape of a Strat. They will always have a market because they can only ever be the "official" Stratocaster manufacturer. Everything else, even if it is a great guitar, is a Strat-influenced instrument or Strat-copy. Sometimes these will be better instruments than Fender's own, sometimes not. Such is life.

 

Also, it's a bit cheeky of Fender when you think about it. Leo Fender didn't dream up that headstock. Paul Bigsby did, in the 1940s (when Leo was still a radio technician).

 

[img']http://www.stratcollector.com/images/origin/sidebysideheadstocks.gif[/img]

 

On the flip side...well, if other manufacturers were not allowed to "copy" Strats, Teles (and, had this lawsuit set a precedent,) Les Pauls, SGs, 335s...I guess there would be a lot of more original designs on the market.

 

Ironically enough, it is some of the cheaper manufacturers who are being more individualistic these days, even if they are harking back to their own pasts:

 

Still, I am relieved Fender lost this case.

 

Damn! That Bigsby head looks like it could kill someone.

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Not only did Leo borrow the headstock shape for the tele/strat, but Ted McCarty borrowed the (Merle Travis-designed) body shape for the Les Paul. It's called "prior art" in patent office parlance, and it means you can't stake a claim for your "invention" if somebody else already had a similar design. Too bad it was so ugly, he could have put them both out of business. As it stands I can't seems to buy a Bigsby B7 for love nor money...

 

MerleTravisBigsbyGuitarwLP.jpg

 

MerleTravisBigsbyGuitar2-neck.jpg

 

MerleTravisBigsbyGuitarphoto.jpg

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Man' date=' those Bigsbys are ugly/awesome![/quote']

 

+1

 

They are this massive mass of material that does not match the guitar but at the same time it really stands out and demands your attention. It is a diamond in the rough. I really like the look of them because they just have this old, vintage look that is very cool.

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I kind of have sympathy for fender here..

they made the strat and tele what they are.. everyone sees that headstock and says fender.

 

but, they didn't.

and they've been copied and copied and copied.

body and headstock, all over the world.

 

I guess they just didn't think about it.

 

 

Brian. your b7 is on the way.. they just screwed up at allparts.. heck, maybe it was me, I don't believe so, but.. it wouldn't be my first error.

 

But.. soon!

 

TWANG

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I kind of have sympathy for fender here..

they made the strat and tele what they are.. everyone sees that headstock and says fender.

 

but' date=' they didn't.

and they've been copied and copied and copied.

body and headstock, all over the world.

 

TWANG

 

[/quote']

 

I dont. Lpfan hit the nail on the head. Its just another excuse for Fender to claim excusivity and jack up th prices again. Fender should be ashamed of themselves for trying to pull this stunt. :D

It could potentially put many budget guitar Mfgrs out of business, people out of work, and ultimately increase Fender guitar prices just for the priviledge of owning a strat. Yep, thats just what the world needs right now. More people out of work and a higher cost for your temporary distraction from the economic shiatstorm.

And somehow, Fender doesnt see how this could affect their bottom line...typical.

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This whole Fender lawsuit thing is very weird. They must have known they had a slim-to-none chance of winning , but thought it was worth a try anyway. I've been rebuilding an old blackface tremolux and bassman cab and I've found that you can buy all kinds of real fender replacement parts - tilt back legs, glider feet, handles, amp/cab attachment brackets, grill cloth, etc. Two things you can't buy: metal Fender logos and amp faceplates. And if you fabricate/import and try to sell them, they'll come after you. It sucks 'cause my little Tremolux lost it's faceplate and looks kinda naked without it. Sure sounds good though.

 

Speaking of history lessons, I found this link about the old Fender heads and Pete Townsend:

 

http://www.thewho.net/whotabs/equipment/guitar/equip-fenderbassman.html

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Lord Summerisle-----that is a cool Danelectro--I always wanted one of those--I see the Hagstrom headstock you have for your picture--do you own a Hagstrom? I have one of the Hagstrom-Ampeg Patch 2000 synth guitars. I think it is based on the Super Swede --the guitar is pretty good but the synth part is real cheesy. course 30 year old technology what can I expect. bought it new and still have it.

rathole

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Lord Summerisle-----that is a cool Danelectro--I always wanted one of those--I see the Hagstrom headstock you have for your picture--do you own a Hagstrom? I have one of the Hagstrom-Ampeg Patch 2000 synth guitars. I think it is based on the Super Swede --the guitar is pretty good but the synth part is real cheesy. course 30 year old technology what can I expect. bought it new and still have it.

rathole

 

I agree with you as regards the Danelectro - they do look very cool! I'm actually in the market for a cheap solid body at the moment. If the Dano had a fixed bridge' date=' I think I could be very tempted.

 

And yes, I am lucky enough to own a Hagstrom. Not an original I'm afraid, it's one of the recent Viking reissues. Still, I like it a lot.

 

[img']http://i401.photobucket.com/albums/pp99/G-400_4_sale/DSCF0335.jpg?t=1239834674[/img]

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I seem to remember Fender winning a case against Fernandes in the 1980`s. They put out a Tele copy with the word Fernandes looking just like Fender. Everything looked like a Fender. I saw the guitar at Cook`s music and we talked about it for a while. Wish that store was still opened.

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Somebody refresh me on the details about the Broadcaster' date=' NoCaster, Telecaster thing... who/what was the

other culprit that caused the name swappages?

 

Wedgie[/quote']

 

According to my information, Gretsch had a line of drums called the BroadKaster.

Leo and his partner (Leo was an electronics man/amp builder) decided to name their

first "Tele" a "Broadcaster" in the late 50s. Gretsch issued a "conflict of trademarks" threat to

Leo and in his wisdom decided to back off and not use that name rather than face

further court action. For a while they just removed the label (or perhaps just cut

the "Broad" off the "Broad caster and that became the famous "-----caster" or "Nocaster". Eventually they decided on the "Tele" name to the -----caster name. The "Strato" caster followed.

 

What would be interesting of course is know the decision process that eventually gave those

famous guitars their name.

 

Broadcasting is a term used in radio and telivision

Telecasting is a term used in television to distribute a signal

Stratocasting is a term used in weather forcasting...stratus (strato) is a cloud formation

and a name given to a second layer of atmosphere surrounding the earth (stratosphere)

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Brian H...........just google "used guitar parts"........there are several companies that have name plates and basically ANYTHING you'd want for a Fender (or any other) repair/rework.

Same applies for amps.

 

Thanks Bender, that's what I thought too but it ain't so, Fender is clamping down on all of those guys now. There are two things you just can't buy - new Fender amp faceplates, or metal Fender logos that go on the grill cloth. There is a guy in Florida who will restore an amp faceplate, or make a new one if he destroys the original, and you can buy some used faceplates on eBay, but its hit or miss. Almost everything else imaginable is readily available from Fender or others.

 

I only know this because I've been searching for a Tremolux faceplate for several months. They don't exist in the aftermarket.

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