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Fender Legal Issues

#61
Actually there is a way around this.
Just don't buy necks. Tell your customers what to buy and have them do it.
You at that point are just assembling customer supplied parts to bodies that you supply.
You have nothing to do with what neck they bring you.

Sure, you may REALLY suggest/advise what they use, but you yourself had nothing to do with it.

Or become a All-Part dealer or something and carry their necks only.
Your just selling the necks. What you customers do with them is their business. Even if it involves you "assembling" a bass from your and their supplied parts.

Become a reseller and your in the clear.
http://www.allparts.com/Dealer-Information-s/196.htm

There are plenty of shops that have "Fender" necks hanging on the wall. You buy one and have them assemble a bass for you.
They didn't do anything wrong did they?
They're legitimately a re-seller.
Sold the product.
The customer than in-turn enlists their "repair" side to assemble the neck onto a supplied body.
 
#62
MikeBass said:
Actually there is a way around this.
Just don't buy necks. Tell your customers what to buy and have them do it.
You at that point are just assembling customer supplied parts to bodies that you supply.
You have nothing to do with what neck they bring you.

Sure, you may REALLY suggest/advise what they use, but you yourself had nothing to do with it.

Or become a All-Part dealer or something and carry their necks only.
Your just selling the necks. What you customers do with them is their business. Even if it involves you "assembling" a bass from your and their supplied parts.

Become a reseller and your in the clear.
http://www.allparts.com/Dealer-Information-s/196.htm
Click to expand...

Isn't this why warmoth doesn't assemble basses?
 
#63
blendermassacre said:
Isn't this why warmoth doesn't assemble basses?
Click to expand...

Maybe, dunno really.
But there are shops here in Detroit who build guitars/basses using Warmoth/All-Parts parts and sell them as their own.
But it's usually "Assembled by...."

But if me as a customer has a neck with a Fender headstock shape, and I go to Dan and ask him to refinish it and bolt it to one of his bodies, he didn't do anything wrong.
He's a qualified repair man who assembled a bass for me.

Hell, I think Warmoth has links to guys who will assemble for you.
I'll have to check.
 
#66
It seems to me that just by Fender allowing companies like Warmoth and AllParts to copy their designs and headstock shapes (and accepting a royalty for them, I presume), that whoever purchases the parts can make basses out of them and sell them as long as they don't put a Fender decal on it. Additionally, Fender should have nothing to say on the basses you make with USACG necks since the headstock shape is different.
 
#67
Hey Dan,
Here's some real world experience.
Years ago my business partner started a company called Cadillac USA Parts Supply (antique car parts)
5 years later I started a sister company called Ford USA Parts Supply
After approx 2 years Ford Motor Company sent the C&D letter
A few phone calls never got returned and I sent a registered letter saying that unless they would call and explain their position clearly I would not respond.
Had a nice conversation with one of their legal staff; explained that we were supporting the preservation of their vehicles that were made from 1949 to 1972, we only did about $600K of business per year, blah, blah and that I had approximately 20,000 catalogs left in the shop

They let me ship the remainder of catalogs over the coming months and I changed the name of the company to Classic Ford USA Parts supply

All in all a pretty cool deal although I did have to play a bit of hardball to get attention
Thought this might help; don't hesitate to PM if you need any other advice; if you do enough business this all just becomes part of the deal and is reconcileable

Maybe they just want a few bucks per instrument for you to assemble with licensed parts
 
#69
I should really do that guide to Fender and followers headstocks, the changes by MusicMan, the G&L headstock, the old Tokais. The big boys work to get their shape different.

At least there arent posters selling Fender headstock decals here anymore!!!
 
#70
I am bumping this thread instead of making my own. I have been wondering about Nash basses. You'd swear he ships them with the Fender decal in the case with how many I have seen labelled as Fender.

Where does the line get drawn about counterfeits? Are Nash basses considered totally legal? It has been almost 5 years and I couldn't find any mention of an official license anywhere. Is he just stealing from Fender and telling them to fudge off? I would think they would sue the pants off them.
 
#71
-=DanAtkinson=- said:
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 (NASHGUITARS | Home).

Why does Fender turn a blind eye to Nash, while coming after myself and other small shops?
Click to expand...
If you really want to bring the hammer down on yourself, put a bass out on the market called a "Monster Bass".

The bottom line is that it's up to Fender's lawyers who they want to go after and who they leave alone for whatever reason. The speeding ticket is a pretty good analogy; if you are caught while others going faster than you are not, it won't get you out of the ticket.
 
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