Members AzCat Posted May 14, 2009 Members Share Posted May 14, 2009 AFAIK, copyright protection is automatic. And as long as Disney is around, it will be yours forever. Substantive rights accrue to the author as soon as the work is fixed in a tangible medium of expression but you can't sue on a copyright until it's registered. IIRC you can't collect damages for infringement or pre-judgement interest prior to the date of registration either but I'm not 100% on that (been a while since I've dealt directly with that issue). With registration costing less than dinner & a movie why not go ahead earlier rather than later? Link to comment Share on other sites More sharing options...
Members BeeTL Posted May 16, 2009 Author Members Share Posted May 16, 2009 Again, I Link to comment Share on other sites More sharing options...
Members BeeTL Posted June 24, 2011 Author Members Share Posted June 24, 2011 I thought about starting a new thread but decided to resurrect this one instead. After reviewing the standards the guitar industry follows I have applied to register my "bottle opener" headstock design with the USPTO.http://tarr.uspto.gov/tarr?regser=serial&entry=85237520&action=Request+Statushttp://tarr.uspto.gov/tarr?regser=serial&entry=85237521&action=Request+Status There is no question that the bottle opener headstock design distinguishes a Lowe Custom Guitar from any other brand on the US market today, and registering this design is consistent with my business goals for LCG over the long term.I've mentioned that my primary goal with this thread is to inform. One of the most interesting and comprehensive articles I've read has been Shapes of Things: A Brief History of the Peculiar Behind-the-Scenes War Over Guitar Designs. This covers a LOT of ground on how things in the guitar biz have evolved with respect to patents and trademarks. Link to comment Share on other sites More sharing options...
Members RaVenCAD Posted June 24, 2011 Members Share Posted June 24, 2011 Speaking as a consumer, your headstock design would totally make me ignore your product. It's silly looking. Furthermore, your body shapes are just knockoffs of existing Fender and Gibson designs. Nothing sets you apart except that headstock which I find unappealing. Sorry, just being brutally honest. Link to comment Share on other sites More sharing options...
Members GibsonQC Posted June 24, 2011 Members Share Posted June 24, 2011 Kudos for trying to start up a business and focusing on patenting/trade-marking your ideas. As others have mentioned, the body design was used before. Music Man still produces the Big Al, which looks a lot like your body design. But, don't give up. When I was younger, I wrote an awesome song only two hear it three days later on the radio. Still kept writing, though. Link to comment Share on other sites More sharing options...
Members Sheraton Posted June 24, 2011 Members Share Posted June 24, 2011 Speaking as a consumer, your headstock design would totally make me ignore your product. It's silly looking. Furthermore, your body shapes are just knockoffs of existing Fender and Gibson designs. Nothing sets you apart except that headstock which I find unappealing. Sorry, just being brutally honest. Not sure I agree with your opinion. The design doesn't offend me but it doesn't attract me either. I've seen and owned guitars with worse. The G&L headstock design with that little point in the lower middle is similiar but uglier to me. The value to protecting a headstock design itself would seem questionable unless: 1. It provided or facilitated some functional advantage. 2. Someone wanted to sell an exact knockoff of your guitar. I don't see #1 unless I'm missing something like real bottle opening capabilities. #2 is unlikely until you achieve some level of noteriety or popularity enough to make knocking off one of your designs a profitable venture. So why do it? Link to comment Share on other sites More sharing options...
Members ihavenofish Posted June 24, 2011 Members Share Posted June 24, 2011 theres nothing to patent on this. theres nothing novel in design or functionality (unless being unergonomic is novel). trademark on botht the body and headstock is doable of course. publically showing the drawings online was a mistake, although probably wont get you into any problems with a trademark, unless someone wants to be an asshole and starts building them. Link to comment Share on other sites More sharing options...
Members guitarcapo Posted June 24, 2011 Members Share Posted June 24, 2011 Based on the problems of huge guitar manufacturers who can afford lots of lawyers, I would think in the practical world (and not what works in theory): A headstock shape and brand logo is easy to defend. Body designs and wiring systems are a lot more difficult to defend. Basically the law likes to protect your customer base from being fooled into buying something not made by you (a guitar with a similar headstock shape and logo)...but not to protect the exact build features of the guitar. Gibson TRIED to do something in this regard and was initially successful against Paul Reed Smith (with the help of a friendly judge who lived in the same state that their factory resides)... but it was overturned on appeal. Link to comment Share on other sites More sharing options...
Members axegrinder Posted June 24, 2011 Members Share Posted June 24, 2011 Personally I prefer the headstock design to the body design. I am obviously in the minority on that one. I see the resemblance to the Brawley/Luguna bottle opener shape, but the proportions are better to my eye...particularly the way the end was a bit squared off. But hey everyone's a critic. Bottom line is I'd buy one.The body design just kinda reminds me of the EBMM Albert Lee model. Link to comment Share on other sites More sharing options...
Members Dirty South Al Posted June 24, 2011 Members Share Posted June 24, 2011 It's truly hard to get a trademark on new body designs. You have to look that most new designs today fall under the "Familiarity" of excisting trademarks. Which even most companies are finding out that it is pretty hard to enforce since their own trademark body styles are considered "too familiar" to so many guitars now on the market likened to theirs. You would have to have something that is truly inovated and essential for your design that would be something that has never been done before to even worry sabout trademarks or patents. Link to comment Share on other sites More sharing options...
Members Dirty South Al Posted June 24, 2011 Members Share Posted June 24, 2011 Exactly right!Based on the problems of huge guitar manufacturers who can afford lots of lawyers, I would think in the practical world (and not what works in theory):A headstock shape and brand logo is easy to defend.Body designs and wiring systems are a lot more difficult to defend.Basically the law likes to protect your customer base from being fooled into buying something not made by you (a guitar with a similar headstock shape and logo)...but not to protect the exact build features of the guitar. Gibson TRIED to do something in this regard and was initially successful against Paul Reed Smith (with the help of a friendly judge who lived in the same state that their factory resides)... but it was overturned on appeal. Link to comment Share on other sites More sharing options...
Members BeeTL Posted June 24, 2011 Author Members Share Posted June 24, 2011 It's truly hard to get a trademark on new body designs. You have to look that most new designs today fall under the "Familiarity" of excisting trademarks. Which even most companies are finding out that it is pretty hard to enforce since their own trademark body styles are considered "too familiar" to so many guitars now on the market likened to theirs. You would have to have something that is truly inovated and essential for your design that would be something that has never been done before to even worry sabout trademarks or patents. I think you may have extended the Fender case a bit broadly. Gibson and Fender actively enforce their IP rights on headstocks, and Rickenbacker has maintained rights on a bodies, etc. BECAUSE they have consistently enforced their rights. Link to comment Share on other sites More sharing options...
Members jtr654 Posted June 24, 2011 Members Share Posted June 24, 2011 +1 onthe Albert Lee. Link to comment Share on other sites More sharing options...
Members BeeTL Posted June 25, 2011 Author Members Share Posted June 25, 2011 +1 onthe Albert Lee.Agreed that the EBMM Albert Lee looks like an Electra 620. Link to comment Share on other sites More sharing options...
Members shadesofcraig Posted June 25, 2011 Members Share Posted June 25, 2011 Very cool headstock, the body kind of reminds me a lot of the Music Man Albert Lee Signature Guitar. Good luck. Link to comment Share on other sites More sharing options...
Members BeeTL Posted June 26, 2011 Author Members Share Posted June 26, 2011 Very cool headstock, the body kind of reminds me a lot of the Electra 620. Good luck.FTFYBy the way, thanks for the compliment on the headstock! Link to comment Share on other sites More sharing options...
Members BeeTL Posted August 9, 2012 Author Members Share Posted August 9, 2012 I just remembered I never updated this thread.I got a nice little Valentine's Day present this year: Link to comment Share on other sites More sharing options...
Members gdsmithtx Posted August 9, 2012 Members Share Posted August 9, 2012 :thu::thu: Link to comment Share on other sites More sharing options...
Members billythegoat Posted August 9, 2012 Members Share Posted August 9, 2012 Awesome man! Link to comment Share on other sites More sharing options...
Members sk8centilli Posted August 9, 2012 Members Share Posted August 9, 2012 woo hoo! Link to comment Share on other sites More sharing options...
Members megawzrd Posted August 9, 2012 Members Share Posted August 9, 2012 Body looks like the Music Man Albert Lee model +1 Link to comment Share on other sites More sharing options...
Members StrangeGuitars Posted August 9, 2012 Members Share Posted August 9, 2012 +1And Big Poppa @ EBMM won't take too kindly to it either.......could careless if you are EVH almighty.Congrats to BeeTL though......don't know what the cost was for ya,cool piece of paper to hang on the wall and stories to tell the grand kids....."Yep,back 2012 ol' gramps' got his headstock trademarked."Honestly,thats pretty neat.Party on Garth. Link to comment Share on other sites More sharing options...
Members BeeTL Posted August 10, 2012 Author Members Share Posted August 10, 2012 Thanks for not beating me up, guys! So here Link to comment Share on other sites More sharing options...
Members PrawnHeed Posted August 10, 2012 Members Share Posted August 10, 2012 The certficate says it is a "bass guitar headstock", but the picture is of a guitar. Which did you get? Link to comment Share on other sites More sharing options...
Members *BLEEP* Posted August 10, 2012 Members Share Posted August 10, 2012 Link to comment Share on other sites More sharing options...
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