• 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 freeLog in
    Want zero display ads or expanded classifieds tools? Compare plans.

You still going to love Fender?

Status
Not open for further replies.
I still love Leo Fender.

I love a few of Fender's products, but I tend to buy used stuff, so I doubt if they love me.

I am sure they love people who buy new. But used buyers..... I was told the used Fender guitars is what is choking Fender sales. Kinda like Harely. The biggest advocates of Harley only ride old vintage ones and never buy new, Not really helping out their stock prices directly. Somewhat twisted in a funny way.
 
why didnt they patent the shape? No one thought of it back then? Would have saved everyone money and problems.
patent numbers 2,573,254 and 2,784,631. Somebody's got to enforce it, which is why they're sending lawyers.
Just like with publishing companies claiming rights, the trend seems to be that if you're big, it's ok to steal from you and you're a prick if you fight back.
In the present case, it's hard to see Fender design in the guy's. The body is a straight copy though, precisely because it wasn't patented.

Another tought, I'm quite sure this guy is less in debt than Fender.
 
patent numbers 2,573,254 and 2,784,631. Somebody's got to enforce it, which is why they're sending lawyers.
Just like with publishing companies claiming rights, the trend seems to be that if you're big, it's ok to steal from you and you're a prick if you fight back.
In the present case, it's hard to see Fender design in the guy's. The body is a straight copy though, precisely because it wasn't patented.

Another tought, I'm quite sure this guy is less in debt than Fender.
FWIW, those patents ran out more than 40 years ago.

I am less familiar with copyright law; but, I believe a copyrights on the designs may have been a better long range strategy. I suspect at the time, Leo wasn’t thinking that far ahead. Anyhow, the horse has been out of the barn for a couple of generations now.
 
If the law suit is based on the headstock alone, then it is baseless.

I have said it for years here. And every time I say it, people here tell me I'm dumb or crazy.

The music gear market has WAY too many players in it right now. And between the new and used market, there is NO WAY there are enough customers to buy up all of the gear for sale. It's a house of cards right now. No way is stands much longer.

Big manufacturers will get increasingly more desperate. Small manufacturers will go under or be bought up. Medium sized companies will be the last man standing in my view....and Yamaha, simply because they make almost everything.

There is more for sale right now than there are customers to buy. Technology is making gear smaller and lighter. The population of guitar band musicians is aging out and there aren't NEARLY enough new musicians.
 
If the builder is infringing on Fender's patents, trademarks and/or copyrights, Fender has every right to and should go after the guy. Without enforcement, nobody's ideas are protected.

My brother is an intellectual property attorney. One of things he has recently seen is tribute bands and venues which have tribute bands, using artwork which is the same or very similar to artwork used by the original band. He said tribute bands and venues have been fined $75,000 per infringement. In one case, a casino made 6 posters which copied the original band's artwork but had the name of the tribute band on them. Since there were 6 posters made, the casino was fined $450,000 ($75,000 per poster).

As a member of BMI, I am glad that rights are being protected.
 
Last edited:
There are most definite similarities. If I saw someone playing his (very nice) guitar on stage, I would think it was a Telecaster.

Is this a good reason for Fender to set the dogs on this guy? I think not.

If I were in Fenders position, I believe I would call this gentleman up and arrange a licensing agreement, and allow him to continue making his fine guitars with my blessing.

But that’s just me.
 
It’s gotten ridiculous.

Unfortunately, for every legitimate infringement claim there are easily dozens more that are filed purely for their nuisance or intimidation value. And the deeper your pockets, the easier it is to abuse legal process in this manner. Especially when you consider how the legal profession itself adopts such a lackadaisical attitude towards its own professional ethics and standards. Attorneys who file meritless actions are seldom disciplined, either by the courts, or their bar associations.

It will only get worse as time goes on.
 
Status
Not open for further replies.