Rickresource Rickenbacker Forum

Trademark violation?!

http://cgi.ebay.com/RED-RICKENBACKER-BA ... dZViewItem

As it's a picture, I kind of doubt it - But I'm no expert.

Unfortunately (because I want it! ) it probably is - RIC has to act against all unauthorised use of trademarks & branding - and unless this is a licensed product (which I'll bet you all a quid it ain't) then use of the Rickenbacker name in the ad & trademarked designs in the image will be a violation.

Jon.

I am probably going to have to start worrying about having my photo taken live with my Rics and posting them publicly.

phlemmy wrote:I am probably going to have to start worrying about having my photo taken live with my Rics and posting them publicly.

I don't think you have to worry about that

That listing may be in violation because it's a picture of a guitar NOT a photo of a band (who happens to be holding some guitars.) Gibson is sueing a "Guitar player" video game for the use of images of Gibson guitars as well as the "sounds" of a Gibson. Since a guitar (almost) sole purpose it to make sounds, I don't think they have a chance on that front, but maybe on the visuals.

johnallg wrote:Trademark violation?!

http://cgi.ebay.com/RED-RICKENBACKER-BA ... dZViewItem

I'd very much doubt that RIC would win that one. It's probably covered under fair use in the way that it's an artistic representation of a commonly seen item. Oviously, each case would have to be decided on it's merits, but RIC seem very aggressive in pursuing trademark and intellectual proprty infringements, and these auctions have been unmolested for months. I suspect that this isn't an issue that RIC care about, as an artistic representation of a 4001 isn't really a trademark infringement that could affect them in any way. It would be very hard to police fair use art under patent law. It would be hard to make it stick, and where would you draw the line ? T-Shirts, Photos etc ? If I paint a picture of a bass, or take a photo of mine, it's mine AFAIK. I'm free to publish that photo anywhwre I choose. We all do exactly that with our own aquisitions.

Of course John Hall will now post and tell me I'm full of it.

johnallg wrote:Trademark violation?!

http://cgi.ebay.com/RED-RICKENBACKER-BA ... dZViewItem

On one hand I have never heard that Andy Warhol had to pay the Campbell Soup company for his work based on their art. On the other hand, making large quantities and selling them for a profit could be outside of the doctrine of "fair use". The company that makes those little enameled guitar pins has a license from RIC to make them. I don't see how this would be different.

Side note: One of my neighbors where I grew up was the graphic artist who created the original Campbell art work including the two Campbell Kids. He was flattered by Warhol's interpretation and actually had prints of it in his living room.