Jump to content

Fender decals = illegal?


AtomHeartMother

Recommended Posts

  • Replies 86
  • Created
  • Last Reply
  • Members

Originally posted by AtomHeartMother

Would it be illegal to buy or put a Fender decal on a Warmoth neck? I don't want to falsey display it as a Fender, but I like how the Fender headstock decals look.

 

Yes, the headstock police will kick down the door and rape you with a rubber hose :eek::rolleyes:

Link to comment
Share on other sites

  • Members

depends on what you do after that...if you use that decal to intentionally mislead someone into thinking the instrument is something that it is not, that could be illegal.

 

More than anything its somewhat unethical IMHO and I would make my own decal if desired.

Link to comment
Share on other sites

  • Members

Its not illegal, but it might violate Fender's trademark. Possessing a neck with a decal on it, or just a decal would not violate the trademark, if they could prove you put it on a non-Fender neck they might make a lawsuit stick, and if you were selling non-Fender guitars with them they could most certainly sue you up the river.

 

One thing I am not clear on is the distinction between say Squire and Fender - if you put a Fender decal on a Squire and sold it would that violate their trademark, since the Squire IS made by Fender. I'm sure they have some way around that.

 

Probably state law would also have some effect on things, but I'm not sure what since trademarks are a federal thing.

 

I have a Squire neck with a Fender decal. I bought it that way and the seller identified it as a Squire neck. I would not have put it there on my own, and it didn't affect my choice to buy (condition, model, and price did). But, I don't feel the need to remove it.

Link to comment
Share on other sites

  • Members

 

Originally posted by PolyFmorf

Yes, it is illegal in a civil sense only. Do it anyway. The Fender LOGO police won't be coming by anytime soon.

 

 

BTW, I new a gal once whose husband was a trademark lawyer, and he DID have teams that looked in local shops and things for trademark violations of his clients and regularly caught and sued them (or their supplier).

 

But they wouldn't care about someone simply owning a forgery - only selling one.

Link to comment
Share on other sites

  • Members

I did it. I bought a repo spaghetti logo waterslide decal that I put on my replacement neck. It was for my own use. It looks cool and non guitar players dont know the difference. I would not sell it and try and pass it off as a Fender. I will say this, most of the time you will not find a legit Fender headstock decal, it takes an act of congress to get Fender to part with them.

Link to comment
Share on other sites

  • Members

Originally posted by AtomHeartMother

Would it be illegal to buy or put a Fender decal on a Warmoth neck? I don't want to falsey display it as a Fender, but I like how the Fender headstock decals look.

 

i am looking for one in chrome anyone?

 

:)

Link to comment
Share on other sites

  • Members

Originally posted by Benz2112

You could do almost anything to your own instrument, but its quite another thing if you sell it.

 

That is *exactly* right!

 

Putting a Fender decal on is NOT illegal.

 

Selling it with that decal on *is* illegal, whether you tell the potential buyer or not.

 

Good call, Benz! :)

Link to comment
Share on other sites

  • Members

 

Originally posted by USA Guitarman

People sell Warmoths all the time on Ebay with Fender logos and never have heard anyone getting in trouble yet!

 

 

I had a guy banned from Ebay for putting Fender decals on non-Fender Chinese-made guitars. I started a thread on this several months back and several others here joined me in reporting this jerk-off for his blatant rip-off's. He was making a small fortune there for awhile, until Ebay finally took some action and banned him.... and rightfully so!

Link to comment
Share on other sites

Here are a few related questions for everyone:

 

I have a few Fenders... and I don't ever plan on selling any of them. HOWEVER, I have been considering refinishing one or two of them, and I just might be doing a matching body / headstock paintjob on one of them. Here's my questions:

 

Where can I get a new logo decal for the refinished headstock?

 

What if I change the positioning of the Fender logo? For example, I have a Tele with the "50's style decal placement on the headstock, but I prefer the early 60's decal placement... would that violate any "rules" if I put the new logo on in a different place?

 

Would putting a replacement decal / logo on a FENDER neck - even if I exactly duplicate the existing plaement - violate any trademark or laws?

Link to comment
Share on other sites

  • Members

Originally posted by AtomHeartMother

Would it be illegal to buy or put a Fender decal on a Warmoth neck? I don't want to falsey display it as a Fender, but I like how the Fender headstock decals look.

 

I don't know, but according to the Homeland Security you might be classified as a terrorist. ;)

Link to comment
Share on other sites

  • Members

Originally posted by chiro972

I think that technically it is at least illegal for the people who make them, but as long as you don't try to pass the guitar off as a fender down the road when selling it, who cares?

 

sure, just let the guy you sold it to put it up on ebay as a genuine neck. :rolleyes:

 

 

replacement logos = lame

Link to comment
Share on other sites

  • Members

 

Originally posted by theyab

Well...it might be different if you're using a Warmoth neck, as Warmoth make licensed Fender necks...

 

 

the license allows them to use the headstock shape not the decal. most of the decals are not actual Fender decals. Fender DOES sell the decals, but you have to have a Fender instrument, go through the authorized service center and even then I'm sure they'd do it for just a refinish. Just because people do it all the time and get away with it doesn't mean you CAN get in trouble for doing it.

Link to comment
Share on other sites

  • 2 years later...
  • Members

It is not illegal to put a decal on your guitar. There are loopholes in the law that allow a person to create a replica of something for personal or artistic use, such as an old model t ford from parts, or a fender guitar, or even paint their own version of the "Mona Lisa." It is not necessarily illegal to sell a guitar with a trademarked logo, either. Trademark infringement laws have to do with monetary loss. If Fender can show a substantial loss from someone reproducing their logos (necks etc.) for profit, and if its worth the money they have to pay their lawyers to take it to court, they can sue a company or person for trademark infringement for money they claim they lost. In that sense it is illegal. There are also state laws titled "criminal simulation." For a violation under this statute to occur, the person has to "fake" the age or original manufacturer of something, in an attempt to significantly increase the market value, for the purpose of defrauding a person. For example, if you created a 1957 Telecaster copy, and falsely aged it, then sold it to someone as a vintage 60 year old guitar for 44,000 dollars, that would be highly illegal. But the person who bought it would be the victm, not Fender. The person could file a case and have you arrested for fraud. On the other hand, if someone paid you 800 dollars to build a 57 Tele "relic" or replica, it would not be illegal. It would technically be victimizing fender out of 800 dollars, but it would be impossible to prosecute, because the builder can always claim that 800 dollars was the cost of parts and labor to build a "replica." Thats how people get away with it on ebay. Long story short, put the decal on if you think it looks cool. No one will come and get you.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.


×
×
  • Create New...