Fender bid gets knocked down!

Sadowsky · #1 03-26-2009, 02:54 PM

I am very pleased to announce that after 6 years of litigation, we (about 17 makers) have prevailed in our attempt to prevent Fender from trademarking their body shapes. The Appeals court of the USPTO threw out every argument Fender made and ruled in our favor that the Strat, Tele and P body shapes are generic. Any further attempt by Fender to trademark other body shapes would fail, based on this ruling.

You can read the entire decision here:
http://ttabvue.uspto.gov/ttabvue/v?p...ty=OPP&eno=246

This is literally a David slaying Goliath decision and a great day for all instrument makers.

Roger

NoHomework81 · #2 03-26-2009, 03:01 PM

Great news! Congratulations!

Maybe you can get the loser to pay the attorney fees!

ERIC31 · #3 03-26-2009, 03:02 PM

That's excellent to hear Roger!! Congratulations! Fender is just mad because you make better J-Basses than they do! LOL

capnsandwich · #4 03-26-2009, 03:04 PM

Nice! I guess you'll keep making jazz and P basses then. Good news!!!

Quote:

Originally Posted by NoHomework81

Maybe you can get the loser to pay the attorney fees!

Maybe that's why they hiked up their prices.

uaudio · #5 03-26-2009, 03:06 PM

Without getting into the ruling, does this mean than ANY body shape is generic? Could one, for example, copy a Sadowsky or Lakland style now?

phatduckk · #6 03-26-2009, 03:08 PM

woot! awesome!

bass12 · #7 03-26-2009, 03:08 PM

Wow - I didn't even know this was an issue. I wonder where Fender would have drawn the line? Hmmm. Glad that didn't pass. By the way - I'm loving my new NYC which, strangely enough, feels so different from my Fender Jazz...

Congratulations, Roger!

mongo2 · #8 03-26-2009, 03:08 PM

Frankly, I was rooting for Fender in this one.

flipper_gv · #9 03-26-2009, 03:11 PM

That's a great win for you Roger!
I noticed you don't talk about the jazz, do they have a trademark on it?
Because your jazz body is slightly different than the fender...

thisSNsucks · #10 03-26-2009, 03:13 PM

I can see how that sucks for Fender, but I'm sure glad they lost!

boabski2k · #11 03-26-2009, 03:16 PM

Quote:

Originally Posted by mongo2

Frankly, I was rooting for Fender in this one.

+1

The less copied designs = more varied and creative designs.

I'm sorry to say when i see a pbass or a strat, whether it is made by Sadowsky/ESP or anyone else I think Fender.

I can't see how (i'll say recreating rather than copying) recreating fender models makes good marketing sense to anyone else rather than Fender.

Eublet · #12 03-26-2009, 03:18 PM

Quote:

Originally Posted by thisSNsucks

I can see how that sucks for Fender

Bull butter! These designs are age-old now, and trying to prevent others from using them in various forms is ridiculous.

ErebusBass · #13 03-26-2009, 03:20 PM

Quote:

Originally Posted by boabski2k

+1

The less copied designs = more varied and creative designs.

I'm sorry to say when i see a pbass or a strat, whether it is made by Sadowsky/ESP or anyone else I think Fender.

I can't see how (i'll say recreating rather than copying) recreating fender models makes good marketing sense to anyone else rather than Fender.

Because people like what is familiar.

thisSNsucks · #14 03-26-2009, 03:22 PM

Quote:

Originally Posted by Eublet

Bull butter! These designs are age-old now, and trying to prevent others from using them in various forms is ridiculous.

I agree, and I'm sure Fender isn't hurting too bad even thought theres so many other brands that offer a similiar styled bass.

Just saying it sucks to lose lol.

Dennis_UK · #15 03-26-2009, 03:24 PM

Good result. Fender left it way late in the day to think of this. I'm surprised they got away with trademarking the headstocks, even though that was some time back.

knarleybass · #16 03-26-2009, 03:25 PM

I am sure a lot of builders can breathe again.

Sadowsky · #17 03-26-2009, 03:30 PM

Does anyone own trademarks on acoustic guitar body shapes?

This will not put a damper on builders being creative.

I think the best analogy to this is if Mercedes or Ford decided to now attempt to trademark a 4 wheeled automobile.

Roger

Mr. Ray · #18 03-26-2009, 03:32 PM

All I can say is thank you Leo Fender. The man was certainly a genius and influenced the direction of popular music and instrument design worldwide. I wonder where Talkbass would be if Leo hadn't invented his classic designs. It really is unfortunate that a lot of instrument makers take credit for Leo's work. Yes they may have made improvements but Leo was the catalyst. I know I would not have been able to make the music I do if it wasn't for Fender's designs.

**bassman314** · #19 03-26-2009, 03:32 PM

Quote:

Originally Posted by uaudio

Without getting into the ruling, does this mean than ANY body shape is generic? Could one, for example, copy a Sadowsky or Lakland style now?

Not ANY body shape is generic. If Lakland or Sadowsky were to create a new bass guitar with a unique body shape, they could trademark that body shape. However if they were to attempt to trademark a current design (that they argued is based on Fender's generic design), they'd likely be defeated by their own prior victory.

bhass · #20 03-26-2009, 03:34 PM

I'm just wondering why everyone is so happy about this...
Surely if you were a builder yourself you would come up with your own designs?