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Thunderbird Club

Gig report! Our new booking agent is really coming through! Who's That at the Dinosaur BBQ in Downtown Rochester NY. One of the few remaining live music venues downtown. Usual suspects on stage, my beater 66, Epi Vintage Pro and Cataldo JAEbird.
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I suspect that they did receive a cease and desist letter. A C&D is very common.

It has been my experience that many corporate lawyers are not well versed in IP law and take the position that you can either fight or comply. Fighting someone with a registered trademark is going to be expensive; the words pyrrhic victory will be used. What many corporate lawyers won't do is phone the lawyer that sent the letter to ask - hey what's up with this, what do you want, can we work something out? IP Lawyers do this all the time because they understand that the C&D is the opening of a conversation.

Here is the cold hard calculus that a typical corporate lawyer will tell a client - How many do you make, how much do you make on each one? Here is how many you will have to make just to fight this out in court. A responsible CEO (who also is not well versed in IP) will then say kill the product and report that we have complied with the C&D.

In this case, it looks like the CEO also said - hey designers, come up with something that looks less like that and show it to the lawyer to see if he thinks this still infringes.


What did Gibson likely want? Probably a few points on what the dealer price is. But you can't make that demand in a C&D; there is probably a disappointed lawyer sitting by his phone thinking "all I wanted was 3% on the dealer price"


The law around Intellectual Property is complex. There are many lawyers that don't understand it well at all. If you have or deal with IP you really need specialist counsel. And for the Americans around here, the Constitution directs congress to make laws protecting it.


I f*****g hate lawyers. I wish I was a better musician so I didn’t have to resort to becoming one.
 
Yikes... is Canuck an insult? That’s the name of the Vancouver hockey team....oh wait:banghead:
Maybe I mistook @Pillo’s reply to a post I made referring to crazy Dave of Dave’s World of Fun Stuff as a crazy Canuck. Love that guy. I’ve become a decent home tech from watching his vids. Anyway, I love Canada and would retire there if they’d have me and I didn’t have obligations down here.