• TalkBass has been independent since 1998. Add your voice.
    Create a free account to reply to discussions, view embedded media, and browse with fewer display ads.
    Join free Log in
    Want zero display ads or expanded classifieds tools? Compare plans.

Fender Legal Issues

-=DanAtkinson=-

-=DanAtkinson=-

Feb 26, 2008
2,457
125
50
Atlanta, GA
#1
So I'm just wondering... How do guys like Bill Nash avoid the wrath of Fender's legal team?

I do about 3% of the volume that Nash does, but I've already received the obligatory C&D letter from Fender. I've since revised my site to remove the word "relic" and the terms "J bass" and "P bass". But they also complained about the use of their headstock shape, which I find interesting considering that Nash has the same headstock all over his website (http://www.nashguitars.com/).

Why does Fender turn a blind eye to Nash, while coming after myself and other small shops?
 
#7
I vaguely remember a thread about a parts builder wanting to put his name on fender licensed necks, and people trying to warn him off of that. I'm too busy to check right now - does Nash put his name on fender licensed parts / headstock shapes?
 
#8
The headstock thing, perhaps. The body, not at all. It was already determined that the shapes of the "P" and Jazz bass were too Ambiguous to many other companies for FMIC to claim (plus how long those body shapes were around), according to Sadowsky.....I think Roger and crew went through this already.
 
#9
I'm no lawyer, but your parts are licensed from Fender through All-Parts.
I would assume that licence is transferred to you as you purchased the parts, and in the process a part of the price you pay is the ability for All-Parts to use those Fender shapes.
Unless All-Parts has a disclaimer with their parts limiting their use solely for individual use and states it cannot be resold/duplicated etc (similar to a software licence agreement) then the onus could fall back to All-Parts.
You didn't create the shapes that are in question.

Again, not a lawyer.
Contact Bill Nash and see what he says. He's a nice guy, might be able to point you in some direction.
 
#11
punkrocko said:
I seem to recall Fender having issue with any logo in their namespace (front, on scallop). I could be wrong though.
Click to expand...

That's what I thought. But they specifcally mention their "trademark headstock shape". There is nothing in the letter I received regarding decal usage.

I know legal matters are complicated. But from a common sense logical perspective, I don't understand how Nash is allowed to do things other builders (like myself) cannot.
 
#14
But they also complained about the use of their headstock shape, which I find interesting considering that Nash has the same headstock all over his website
Click to expand...

the most forward resolution here is to design your own headstock unless you're willing to negotiate a licensing agreement with Fender (should that even be possible)


my .02 Indian Rupees of advice would be to simply forget about Nash what Nash is/isn't doing and instead to keep your focus on your own business situation. it's easy to lose focus pointing at what other businesses are "getting away with" when you have no visibility into whether or not they have legal agreements with Fender to do what that they're doing. it's a pure and simple distraction from what you need to do to keep your business viable and out of the hands of money hungry lawyers


the path forward is pretty straight forward IMO ...

a) design your own headstock that doesn't infringe on what another company is using, recognizing that Fender isn't the only company willing and able to defend their copyrights and trademarks

b) seek legal advice from a qualified source, and secure written documentation that you have legally positioned your designs/business not to be in conflict with Fender's (and others) trademarks/copyrights

all the best,

R
 
#15
MikeBass said:
Unless All-Parts has a disclaimer with their parts limiting their use solely for individual use and states it cannot be resold/duplicated etc
Click to expand...

Look closely and you'll discover that AllParts, warmoth, MightyMite, etc ... sell their Fender licensed necks as 'Replacement' items. This is how they are able to sell these necks under license - they legally aren't for use as part of a new build. What kind of non-commercial use an individual does with their purchase is of no concern. When this becomes an issue is when a commercial entity utilizes these parts for a new commercial product, as there is no Fender licensed instrument that this replacement part is being installed on

all the best,

R
 
#16
I’d do what Warmoth does. Get a branding iron with “Assembled by “your logo””, stamp the heal and pocket. Leave the front headstock blank and throw a decal in the case with the sold instrument.
 
#18
-=DanAtkinson=- said:
:eyebrow:

Ask the Fender attorneys? You really think they'll answer?
Click to expand...

my experience was that they replied when they had issues, and were silent when there was no grounds for them to send the pack of hyenas

YMMV

all the best,

R
 

Latest posts

Top Bottom
Back