Rickenbacker Forum, Amplifier, Bass and Guitar Register
https://www.rickresource.com/forum/
The tone of each of your posts is contentious. You're not looking for information, you're looking for a fight.sixandeightstringer wrote:I do not understand your post. No one has been uncivilized.phlemmy wrote:So much for having a "civilized" debate.
Unfortunately, due to an overseas trip on Tuesday, I don't have too much time to research the issue, but a quick Google search turned up a nice treatise by the UNC Law School that addresses most points of the issue, including the precedents I referred to: http://www.unc.edu/courses/2007spring/l ... icing.html
While it's more related to Internet IP, the concepts are identical and entirely applicable.
With regard to trademark dilution, there's a rather nice discussion on Wikipedia (which is not an authority I usually look to, but seems to have stated it well anyway): http://en.wikipedia.org/wiki/Federal_Tr ... lution_Act
There are several hundred thousand references to "trademark dilution" on Google to further your knowledge on the topic.
With regard to the Rickenfaker plate, we're not too concerned about that given we have a certain sense of humor but I have no question in my mind that a court would find this infringing on the shape alone. FYI, there is no such "fair use" or parody doctrine regarding trademarks; that's something only in the domain of copyright law.
With respect to the golf club comparison, that was solely related to patents, another kettle of fish altogether. Patents expire in time, trademarks do not. As far as who has rights to a design, ultimately it's who the government says it is, either in the form of a registration, or subsequent law suit. Trademarks have provision for an additional "lock in" at 6 years, after which it is almost impossible to challenge a registration.
As it happens, Fender's many body and head trademarks are currently being challenged by actions in the Patent and Trademark Office, as I understand it mainly due to lack of policing of their marks and failure to register them in a more timely manner, and survival through the six year period. We, on the other hand, filed very shortly after such marks were permitted, so most of ours have weathered this period, and also successfully tested in the Federal Court system. Someday soon you'll also learn that we're a leader as far as taking advantage of Chinese law to stop copies from where they are now usually produced- a strategy and use of available legal tools that other makers have not yet availed themselves of.