Rickresource Rickenbacker Forum

Wait, what exactly is illegal then? Is it simply the display of a Ric TRC on a non-Ric bass? Or is it the selling of a Ric copy, with or without the TRC?

I'd say that including a genuine RIC TRC on a fake body, that was of itself subject to copyright litigation, is a breach of various Rickenbacker trade marks.

Attempting to then sell this combination in a public forum constitutes fraud, and trade mark infringement.

Using the real TRC makes it seem (at least to me) that he's trying to, or would prefer to pass the bass off as a genuine Rickenbacker.

But would it be legal to sell it if he just removed the TRC and sold it without one, or with a blank one?

Like this one?????

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=7365556917&ssPageName=STRK:MEWA:IT

Same seller is selling this.....

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... RK:MEWA:IT

If the sale were private, maybe, but Ebay is a public auction house, so even there it's still Trademark, and / or copyright violation. The classic 4000 shape is a legal entity owned by Rickenbacker.

The headstock, body, truss rod cover, pickup, and tailpiece shapes are registered as trademarks for most models. Additional trademarks are claimed on certain other details.

We don't particularly care about the sales of these older instruments- they're out there and it's a fact of life that they exist. However, current interpretation of the law says we must act EVERY TIME we become aware of an infringement or risk losing the trademark. That's the reason we take this seriously.

It's my opinion that several other makers would have a very hard time to defend their trademarks at this point for lack of policing them.

If someone sells something locally or privately where we have no chance of being aware of the sale then we have no risk, but eBay as a globally visible marketplace certainly doesn't fit this criterion.

Sales and/or production of logo plates, however, go a step further as in many jurisdictions this invokes the statutes relating to counterfeiting and may include criminal prosecution.

With regard to "sneaking in under the wire", he'll be regretting this sale greatly as he was previously warned and communicated with.

Should we not call attention to fakers or other violations with forum posts? Do we force your hand by doing that?

Doesn't matter. We have already found and moved on them by the time they show up here, perhaps 98% of the time. Also, many people e-mail us each day at [email protected] with complaints about these auction. The people who do the best policing for us are often those that have had auctions deleted and want to make sure no one else slips by!

The only copy I've ever seen in person said "Electric Bass" on the TRC. I have no idea who the maker was. It was a black 4001 clone I saw in a pawn shop in Halifax about 12 years ago. I tried to play it but the action was so bad I just put it down again. Total piece of ****, wouldn't even be worth the effort to burn it. Looked like it hadn't been maintained at all.

Obviously the TRC on that one was a misnomer!