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Douglas MM Copy

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And it is surprising, I would love to hear what, if anything, is different this time around. For the record, I believe that EBMM should vigorously defend its trademarks.

Here is the long thread (18 pages) from the last time this happened. http://www.talkbass.com/forum/showthread.php?t=253812&highlight=rondo+stingray

If you are a cut to the chase kind of person - EBMM pursued legal action and Rondo settled. Here is the apology from Rondo Link Removed
I thought that would be the end - silly me.

Here is the text if you don't want to follow the link

www.rondomusic.com

11/1/2006


Rondo Music wishes to apologize to Ernie Ball/Music Man.
Rondo Music has been selling EBMM style guitars and basses made by SX Guitars. Ernie Ball has contended that the SX Guitars instruments infringe upon EBMM’s trademark designs and federally protected trademarks.

Rondo Music does not want to harm EBMM’s rights, nor does Rondo Music wish to sell EBMM copy guitars.

Rondo Music is not selling any more SX Guitars EBMM style instruments. Rondo Music has destroyed all the SX Guitars EBMM style instruments in its possession, and Rondo Music has made a financial contribution to EBMM as well.

Rondo Music apologizes to Ernie Ball for its dealings with SX Guitars on the EBMM Style instruments and for selling these instruments.




___________________________________
Kurt Zentmaier
RONDO MUSIC
 
Here is the text if you don't want to follow the link

www.rondomusic.com

11/1/2006


Rondo Music wishes to apologize to Ernie Ball/Music Man.
Rondo Music has been selling EBMM style guitars and basses made by SX Guitars. Ernie Ball has contended that the SX Guitars instruments infringe upon EBMM’s trademark designs and federally protected trademarks.

Rondo Music does not want to harm EBMM’s rights, nor does Rondo Music wish to sell EBMM copy guitars.

Rondo Music is not selling any more SX Guitars EBMM style instruments. Rondo Music has destroyed all the SX Guitars EBMM style instruments in its possession, and Rondo Music has made a financial contribution to EBMM as well.

Rondo Music apologizes to Ernie Ball for its dealings with SX Guitars on the EBMM Style instruments and for selling these instruments.




___________________________________
Kurt Zentmaier
RONDO MUSIC


I know this probably doesnt change much...but that bass was an SX and it was active, this is a passive Douglas...new name...new appology.

:smug:

can anyone say "loophole", lol.
 
And it is surprising, I would love to hear what, if anything, is different this time around. For the record, I believe that EBMM should vigorously defend its trademarks.

Here is the long thread (18 pages) from the last time this happened. http://www.talkbass.com/forum/showthread.php?t=253812&highlight=rondo+stingray

If you are a cut to the chase kind of person - EBMM pursued legal action and Rondo settled. Here is the apology from Rondo Link Removed
I thought that would be the end - silly me.

Here is the text if you don't want to follow the link

www.rondomusic.com

11/1/2006


Rondo Music wishes to apologize to Ernie Ball/Music Man.
Rondo Music has been selling EBMM style guitars and basses made by SX Guitars. Ernie Ball has contended that the SX Guitars instruments infringe upon EBMM’s trademark designs and federally protected trademarks.

Rondo Music does not want to harm EBMM’s rights, nor does Rondo Music wish to sell EBMM copy guitars.

Rondo Music is not selling any more SX Guitars EBMM style instruments. Rondo Music has destroyed all the SX Guitars EBMM style instruments in its possession, and Rondo Music has made a financial contribution to EBMM as well.

Rondo Music apologizes to Ernie Ball for its dealings with SX Guitars on the EBMM Style instruments and for selling these instruments.




___________________________________
Kurt Zentmaier
RONDO MUSIC

Ah but these are Douglases not SXs. Smart guy, that Kurt.

WTH, he will probably sell everything he has in stock now that there is a monster thread in TB. Then he will have a nice little pile of $$$ to offset his investment, pay whatever settlement he might owe MM and line his pockets with.
 
Haven't read all of the posts, but isn't the sticking point the 3+1 headstock in conjunction with the body style? I seem to recall having read something about that before and I believe that they *might* be able to get away with it with a 4 on the bass side headstock.

Admittedly, I don't know and I may be completely full of it, so please don't read anything more into my post than that which I've explicitly posted.
 
A trademark does not protect the item's design or engineering, thats what a patent does.
From a legal dictionary:
A TRADEMARK is a word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services. Distinguishes the products or services of one business from those of others in the same field. The owner/assignee/licensee of a trademark/mark has the right to exclude others from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned. Secondly, that although any other person may manufacture, produce, and sell any such article, yet he must not, in manner, either by using the same or similar marks, wrappers, labels, or devices, or colorable imitations thereof, or otherwise, hold out to the public that he is manufacturing, producing, or selling the identical article, prepared, manufactured, produced, or sold by the other; that is to say, he may not make use of the name or reputation of the other in order to sell his own preparation.

PATENT - A legal document issued by the United States to the inventor. The inventor, as the owner of the patent, has the right to exclude any other person from making, using, or selling the invention covered by the patent anywhere in the United States for 17 years from the date the patent was issued; A document issued to an inventor by the U.S. Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors. (note: due to factors including the Gatt treaty the time period for patents is undergoing changes. 5/95)

All this is to indicated that the current Douglas should not be a problem with Rondo because it has been longer than 17 years since the MM Stingray was introduced and the current seller is not using the MM name.
 
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