is only the headstock copyrighted?

[sgtdemeo]

ok. so I know that when a company like SX makes a Jazz bass copy, for example, they cannot copy the headstock shape exactly, because that is a fender trademark, right? but the body shape, pickguard shape, etc. are exactly the same, are they not? why is this allowed, but not the headstock? did fender, and the other original makers just have to decide on one distinguishing factor?

 

[ga_edwards]

I dare say the design as a whole object is copyrighted, and companies get around this by changing one element. The headstock being the easiest to implement that also has the least impact on playability.

 

[Ach]

What about SX to be some kind of licensed parts manufacturer (by Fender), which enables them to produce exact parts copies?

PS: in any way i could be wrong.

 

[sgtdemeo]

thanks GA.. That is a good point... for some reason I wasn't thinking of the parts as a whole, I Guess.

 

[ibanezcollector]

The whole bass im assuming is copyrighted but I think its if 13% or more is changed then its no longer infringing on copyrights.

Hence most change the headstock, the end of the neck shape is often changed, the pickguard may look the same but on SXs where it meets the control plate is a point Fenders are rounded, Tuners are not in Fender locations, pickup spacing, etc..

There is lots of small things that equal up to alot.


As far as SX being licensed by Fender, NO WAY..



Oh and Fender is notorious about trademarking words as well like Jazz, Precision, Relic etc.

 

[Inflin]

I may be very, very wrong, but I heard Fender failed to copyright the design back in the day and it has been copied for so long and so often by so many other companies, that they now have no legal claim to the design.

I know this has happened with other products.

 

[BassBob185]

Check here for link to US Patent. You can do advanced searches by putting in mutiple words just be sure and put the word 'and' between words. example: fender and bass and body
The Images are pretty cool to view. Click on the red image icon.

Invalid Link Removed

 

[Ach]

The right words are "US Patent", so what if production is located outside of US, where US laws are unapplicable?

 

[Vin_MM_Sabre_79]

Patents can be international but they get tricky to enforce. Some countries are more closely tied than others. eg: Australian Intellectual property law is closely tied to the US since the introduction of the US/Aus FTA.

Ric's are a great case study. If someone posts ric replica parts on US ebay they'd get hammered but you get quite a few replica Ric parts on Japanese Yahoo Auctions. Note that ALL parts of a Rickenbacker design are rigidly enforced.

 

[jgsbass]

Not only is the headstock patented, the offset body contour is the other design part that is protected.

 

[WarriorJoe7]

copyrights, trademarks, and patents are ENTIRELY different things. The only thing that they have in common is that they are all intellectual property.

http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.10.1
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.13.11
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.13.12
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.13.15

http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.7.149
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.7.140
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.7.135
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.8.98
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.7.154
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.9.92
http://tess2.uspto.gov/bin/showfield?f=doc&state=8b2ogj.9.91

 

[mccartneyman]

I may be very, very wrong, but I heard Fender failed to copyright the design back in the day and it has been copied for so long and so often by so many other companies, that they now have no legal claim to the design.

I know this has happened with other products.

I believe this is correct, but I have no supporting evidence.

 

[WarriorJoe7]

Not only is the headstock patented, the offset body contour is the other design part that is protected.

To my knowledge the headstock is not patented but trademarked. The words offset body contour MIGHT be trademarked but I can't find it.

If the offset body contour was ever patented (doubt it) then it has since expired (patents re only good for 20 years max)

Rickenbacker protected:

http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.9
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.8
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.7
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.6
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.5
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.4
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.2
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.1
http://tess2.uspto.gov/bin/showfield?f=doc&state=p9qdp1.5.11

 

[Ric5]

You can not copyright or patent the shape of a bass guitar ...

If you invent a shape and want to use it esclusively then you trademark it. Like the budwiser logo. Then if you want to keep the trademark you as the trademark owner must police every single trademark violation. If you don't you lose the trademark and the shape becomes public domain.

 

[WarriorJoe7]

There are design patents. Here is the trace elliot t bass headstock patented

Link Removed)

 

[sgtdemeo]

Thanks for all the great info, TBer's!! This forum is such a wealth of good feedback, and its awesome to get a TON of info from all over the place!

 

[Mr M]

Patents can be international but they get tricky to enforce. Some countries are more closely tied than others. eg: Australian Intellectual property law is closely tied to the US since the introduction of the US/Aus FTA.

Ric's are a great case study. If someone posts ric replica parts on US ebay they'd get hammered but you get quite a few replica Ric parts on Japanese Yahoo Auctions. Note that ALL parts of a Rickenbacker design are rigidly enforced.

No patents are international (The EU is another thing and is still not complete AFAIK). The intellectual properties are good for a giving country and for a giving period.
But a company may use their acquired patent in another country and may force the local court for "unfair competition". But they can not force as "intellectual property" lawsuit.

 

[Top_Ten]

Lots of incorrect info above. I can't address all of the issues, but here's a start:

First, TMs, CR's and patents are all different. TM's protect words, logos, etc. used to indicate the source of goods

 

[Kindness]

Thanks for all the great info, TBer's!! This forum is such a wealth of good feedback, and its awesome to get a TON of info from all over the place!

This thread is full of horrifically incorrect information. The issue with Fender instruments is the headstock is a trademarked design. If an unlicensed copy is made, Fender can sue. I don't have enough interest to address the rest of the thread.

 

[sgtdemeo]

This thread is full of horrifically incorrect information. The issue with Fender instruments is the headstock is a trademarked design. If an unlicensed copy is made, Fender can sue. I don't have enough interest to address the rest of the thread.

so why the headstock alone?? why not the body?? oh, yea.. thats the original question.... so in essence, this answered NOTHING...