Fender decals on not-really-Fender basses

[ggunn]

Originally Posted by bootsox

My uncle had a Chevy Chevette back in high school but always called it his 'vette. He wasn't playing up his car, he was just being a sarcastic butthole. Putting a Fender USA decal on a Rogue is downright funny (or sad, depending on how you look at it)

It's more like putting a Z06-R decal on a C5 Coupe than a Corvette logo on a Chevette anyway.

There was a band in Baton Rouge in the 60's whose bass player substituted chrome Chrysler logos for the Fender ones on his Dual Showman head and cab. The size and the slant of the lettering was perfect... wait a minute... I'm having a deja vu... didn't I already tell that story earlier in this thread, like weeks ago? Amazing how long it's gone on.

[Stewie26]

Originally Posted by bootsox

It's more like putting a Z06-R decal on a C5 Coupe than a Corvette logo on a Chevette anyway.

I agree. Thats even a better example than I gave.

[SolarMan]

The "Corvette" badge on the Chevette argument is LAME!

If the Chevette was built to look just like a Corvette, then you have a good argument.

And further, if that was the case - you couldn't tell on the highway if it was a Chevette or Corvette unless you kissed his bumper!

[SolarMan]

Originally Posted by Stewie26

I agree. Thats even a better example than I gave.

Yes - now you have an argument.

[Rockin Mike]

Originally Posted by ggunn

There was a band in Baton Rouge in the 60's whose bass player substituted chrome Chrysler logos for the Fender ones on his Dual Showman head and cab. The size and the slant of the lettering was perfect... wait a minute... I'm having a deja vu... didn't I already tell that story earlier in this thread, like weeks ago? Amazing how long it's gone on.

Now I want a Mercedes hood ornament on my headstock.

[soulman969]

Maybe it would be a whole lot easier if some just got over the idea that somehow a Squier bass or guitar is some kind of vastly inferior instrument or played only by those with a 3" ****.

There was a time when it was thought that a Telecaster was only good for beginners or C/W players and Strats or Les Pauls were the only guitar for rockers or serious musicians. I never saw Springsteen, Petty, Keith Richards, Albert Collins, Roy Buchanan or Danny Gatton sanding their headstocks and slapping a Stratocaster decal on them.

[bolophonic]

Originally Posted by Double E

I frankly don't think it's a widespread problem.

There is probably a thread started every other week on here by people posting eBay or Craigslist links to cheap basses with Fender logos applied.

[michael_atw]

Originally Posted by Duuuuuuuuuude

I checked out the link you posted and didn't see anything there that really disproved ggunn's point. Most of what is discussed on that web pages is about trademark infringment that may "cause consumer confusion" and "for commercial purposes" which ggunn clearly said he was not defending.

If anything, your website backs up his position where it says:

Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis... Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark.

Once again, it is irrelevant whether they pursue it.

All that paragraph states is that courts find more importance in pursuing those who create significant business out of counterfeiting. That only makes sense. Yet, just because I can get away with it I should do it? C'mon man.

[steveinohio]

All these comments and it still does not matter. Do what you want. Its your stuff. If you think it looks cool its fine. If you change your mind take it off. I think calling it a "moral" argument is laughable.

[tabdog]

Originally Posted by Rockin Mike

Now I want a Mercedes hood ornament on my headstock.

Na,

get a Ford,



Tabdog

[tabdog]

This has probably already been talked about,
but, what if someone replaced a MIA or MIM
neck and did their own Fender logo?

I know that it is supposed to be done by a
certified person and that's the only way to
get one from the factory.

That may be the law, but it morally sucks.

It's like a law saying you can't work on your
own car or boat.

How much control should "they" have over
our freedom?

Tabdog

[Duuuuuuuuuude]

Originally Posted by michael_atw

Once again, it is irrelevant whether they pursue it.

All that paragraph states is that courts find more importance in pursuing those who create significant business out of counterfeiting. That only makes sense. Yet, just because I can get away with it I should do it? C'mon man.

"C'mon man" nothing. What part of "The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection" makes you think the courts only view trademark issues in terms of commerce? It clearly states artistic parody is protected under the first amendment. And if a guy in a bar playing cover tunes and pretending to be a rock star isn't artistic parody, i don't know what is.

[okc-zee]

Originally Posted by steveinohio

All these comments and it still does not matter. Do what you want. Its your stuff. If you think it looks cool its fine. If you change your mind take it off. I think calling it a "moral" argument is laughable.

agreed...

[pklima]

Originally Posted by tabdog

Na,

get a Ford,



Tabdog

I like it, but do you really think I could fool people into thinking that's an 8-string bass?

[1SHOT1HIT]

Are we all seriously STILL debating this?

I'm going to post Fender's response to this very situation. I really don't care who's side it validates as long as it kills the argument.

I'm more than sure both sides WILL twist it all to hell but here ya go anyway!

Thank you for contacting Consumer Relations.
No one feels pride in their Squier guitar? These are very nice instruments with a very good following, but is this “stigma” of being a student or entry level guitar worth defacing the headstock… A Fender guitar neck can be attached to a Squier body, does this make it a Fender? Let’s get to your question…

Fender does not participate in or offer any details on modifications, which this would be. People are free to do what they like with our instruments once you purchase the guitar, it is your property. Fender is very concerned about the resale market and any misrepresentation once something is made available for purchase. Some of what you wrote talks of peoples intentions and feelings, which we cannot gauge, but If something does wind up on the open market with the Fender registered trademark logo and misrepresents the guitar, Fender will be involved and make a person stop or face legal action. This is why the Fender waterslide decal is not available for purchase and is a very scrutinized process to obtain one from a service center.

If this is something for personal use and if the guitar did need to be sold at a later date, I would hope the buyer would be informed of this “modification”. But what contol can Fender possibly have over a personal guitar modificaton. Fender parts are available, necks can be swapped, pickguards can be cut and that is nature of the business. Basically, do what you like… we make ‘em you own ‘em, but if something gets out in the market for sale and is misrepresenting the guitar, it can turn ugly.


best regards,


Consumer Relations Department
ph. 480-******** fender.com
Fender Musical Instruments Corp.
17600 N. Perimeter Dr. Suite 100 Scottsdale, AZ 85255



NOW! Can we please go back to arguing about carrots, and best stuff for metal?

[MakoMan]

Extremely interesting and well thought out response by Fender. Thanks for posting that!

[SoVeryTired]

Good response. Basically, do what you like but don't pass it off as something it isn't when you sell it.

[1SHOT1HIT]

Originally Posted by MakoMan

Extremely interesting and well thought out response by Fender. Thanks for posting that!

You're more than welcome.

I figured with all the arguing and countless assumptions on BOTH sides of the debate, the least we could all do is allow Fender the chance to weigh in.

[Sgt. Rock]

Originally Posted by 1SHOT1HIT

You're more than welcome.

I figured with all the arguing and countless assumptions on BOTH sides of the debate, the least we could all do is allow Fender the chance to weigh in.

Thanks. Somehow, I'm not really surprised at Fender's response.

[Immigrant]

The response from Fender should put this to rest. BUT...

This is TB. A lot of people who are in a lather defending one position or the other will skip over the post because its too long.

And as soon as this thread disappears into zombie territory, another will take it's place.