Members Clonexx Posted June 18, 2009 Members Share Posted June 18, 2009 I'd love to see what the copyright states. He can't possibly have copyrighted "Black and white stripes over red background", that has to be way too generic. I would think to copyright his Frankenstrat design, he would have to make note of amount of stripes, angle of stripes and intersections and maybe even how wide the stripes are. Someone else above also stated this. I don't know if that is actually the case, but if they allowed him to copyright something as general as 2 color stripes over a solid red background, then that's just ridiculous and the copyright should be overturned. There has to be some sort of pattern to it. Edit : Oh and I also have to say the EVH is a douchebag of the highest order. I'm surprised his head fits on any TV screen or picture considering how huge his damn ego is. Yes Eddie is(was?) an amazing guitar player who inspired many. He pioneered techniques on guitar that still have influence today. However, in the grand scheme of things he is a completely insignificant blip. If he never existed, the world wouldn't notice. *shrug* (And yes, the same can be said about many of us, including me) Link to comment Share on other sites More sharing options...
Members bubkus_jones Posted June 18, 2009 Members Share Posted June 18, 2009 Trademarked, not copywritten. In the music world, that red white and black pattern is synonymous with Eddie Van Halen. As such, he decided to use it on all his guitars, and on his other products that he makes/produces/markets. As far as why? It's his responsibility as the trademark holder. If he doesn't put out lawsuits against those who use his trademarked pattern than he will lose the trademark and ANYONE will be able to use it. Link to comment Share on other sites More sharing options...
Members thermionic geek Posted June 18, 2009 Members Share Posted June 18, 2009 From the link posted earlier. "We do not encourage you to submit any ideas or concepts involving these intellectual property rights - if you do, you will have waived all rights to claim such ideas and concepts as your own." If you have a product idea they will steal it. Nice. Link to comment Share on other sites More sharing options...
Members Clonexx Posted June 18, 2009 Members Share Posted June 18, 2009 Sorry, not sure why I went with copyright, I was speaking of trademarking. I would still think he needs a specific pattern to trademark and not just a general color scheme involving stripes? Link to comment Share on other sites More sharing options...
Members benricci Posted June 18, 2009 Author Members Share Posted June 18, 2009 Trademarked, not copywritten. If we're playing the semantics game, then it's actually "copyrighted", not "copywritten". :poke: Link to comment Share on other sites More sharing options...
Members _pete_ Posted June 18, 2009 Members Share Posted June 18, 2009 I think what pushed Eddie over the edge was that Michael Anthony was seen wearing the Nike shoes. I believe he's suing Mikey too.I heard it on Bob & Tom this morning. Maybe Eddie should try to write some decent new music.... Link to comment Share on other sites More sharing options...
Members bubkus_jones Posted June 18, 2009 Members Share Posted June 18, 2009 From the link posted earlier."We do not encourage you to submit any ideas or concepts involving these intellectual property rights - if you do, you will have waived all rights to claim such ideas and concepts as your own."If you have a product idea they will steal it. Nice. That's a standard legal clause. What they want is to avoid people sending in random ideas, and, on the off chance EVH down the road develops something even remotely similar that the guy who sent it in comes in and sues. They won't steal your product idea. You are not forced to send it in, but if you do, you do so with the understanding that you waive all rights to that idea. Link to comment Share on other sites More sharing options...
Members Clonexx Posted June 18, 2009 Members Share Posted June 18, 2009 There is a link to EVHs trademark/copyright paper. In it, he refers to that design as "the pattern(s) of distinctive crisscrossing lines on a solid colored background registered with the U.S. Copyright Office (Reg. No. Vau 505-308), and includes derivative works thereof." The key word there is "distinctive". That word is up for interpretation, how do you gauge what that means? You can take it to the extreme that EVH is and take it to mean "any crisscrossing lines on a solid background" or you can take it like Nike obviously did which takes in account the pattern that EVH used, not just the crisscrossing lines and colors. As was also said above, that color scheme is the classic Air Jordan theme. Personally I feel that calling Nike on using a striped pattern over a red background in their Air Nike colors is taking his trademark way too far. Nowhere does Nike allude to that shoe having anything to do with EVH at all. Link to comment Share on other sites More sharing options...
Moderators Ratae Corieltauvorum Posted June 18, 2009 Moderators Share Posted June 18, 2009 I think what pushed Eddie over the edge was that Michael Anthony was seen wearing the Nike shoes. I believe he's suing Mikey too.I heard it on Bob & Tom this morning.Maybe Eddie should try to write some decent new music.... Oh man, if that's true, that will send EVH deep down into the Pathetic Pit:facepalm: Link to comment Share on other sites More sharing options...
Members curseoftruth Posted June 18, 2009 Members Share Posted June 18, 2009 This makes the think about various ad graphics I've seen, often on items marketed towards kids, where an image (whether it's a photo or rendering is not always evident) is of a well know electric guitar, perhaps an SG, but the "Gibson" name has been removed from the headstock.Are graphic artist allowed to "sample" other artist and photographers' work to produce their commercial work?Inquiring minds would like to know. The answer to that question is no. Does it happen, yes. I work in a large advertising agency and there major limits on what you can and can't use and how/when you can't use something that was created for someone else. For instance, if we go to one of the stock photography providers and download an image, we can use it for mockups, internal comping, etc. Things that don't ever hit the public domain. If we decide to use it for our client and it will distributed through various media, we must pay for the right to use it. That is the high-level overview, it is more complicated and a lot more to it than that. I'm in a dispute right now over photogrpahy rights between a client of ours and a photographer he we hired for a photoshoot where are the usage rights were not 100% clear. Blows! Link to comment Share on other sites More sharing options...
Members larry50 Posted June 18, 2009 Members Share Posted June 18, 2009 If EVH can establish secondary meaning with respect to the stripe pattern, he can claim a common law trademark and also sue for unfair competition and false designation of origin under Federal Law, entirely separate and apart from his copyright rights. Copyrights only apply to the specific intellectual property registered. That is, if he registered a copyright for the stripe design on the guitars, it wouldn't necessarily apply to shoes. "Secondary meaning" means proof that the consumer makes a mental connection between the logo or design and the product/manufacturer, e.g. bunny profile = Playboy, swoosh = Nike etc. Personally, I think the EVH stripe design qualifies for trademark protection and I don't blame him one bit. Plus, if a trademark owner knows his mark is being infringed and does nothing, it can be claimed at some point that the owner has abandoned his trademark. Link to comment Share on other sites More sharing options...
Members fly_with_v Posted June 18, 2009 Members Share Posted June 18, 2009 its corporate america. let them duke it out. does it really have any affect on you? Do you like paying for legal fees? Everytime there is a corporate lawsuit, class action, etc. the price of the items those manufactures sell goes up.... and infation begins. Not saying EVH does not have a right, just saying the amount of lawsuits in this countries is out of control. For example, a couple of months ago I went to Sears to get two tires installed on my car. The front tires were just at the legal limit the rear tires were 1/32 or so above. I ask to replace the fronts and I would come back in a few weeks to replace the rear. They would not even work on the car unless I replaced them all. They siad the rear tires were too close to the limit and the corporation had recently issued this restriction becuase of several lawsuits that involved borderline tire tread. Link to comment Share on other sites More sharing options...
Members pvwolfgang5150 Posted June 18, 2009 Members Share Posted June 18, 2009 I blogged this yesterday over at FG. The meat of this case is EVH sells his own line of shoes with "Frankenstein" color pattern and this would be direct competition. At first, I felt EVH was being an ass. But the more I think about it, it really isn't too much different from someone stealing a song and slightly changing it and using it to sell a product without compensating the musician. On the other hand, EVH's shoes certainly bare a resemblance to Converse All Stars... +1 It may be a dick-ish move, but in all honesty, since he does have his own shoe line that has the "Frakenstein" pattern, he has every right to sue Nike.But for now Link to comment Share on other sites More sharing options...
Members Meowy Posted June 18, 2009 Members Share Posted June 18, 2009 Im not an atoorney or have any expertise, but I wuld think the measure of infringement would be recognition. I don't think an exact precise pattern of stripes is required for protection. If you look at it and it clearly resembles Eds trademark, I think that crosses the line (or at least blurs it) That said, (and borrowing an above example) could I use the Playboy bunny silhouette facing in the opposite direction or with purple polka dots without the risk of Hef coming after me? If people would still recognize it, I think not. Similarly, I don't think I could take the NFL's trademark shield with 1 more or fewer stars and put the initials of my product in it and get away with that as my own Link to comment Share on other sites More sharing options...
Members headless Posted June 18, 2009 Members Share Posted June 18, 2009 The answer to that question is no. Does it happen, yes. I work in a large advertising agency and there major limits on what you can and can't use and how/when you can't use something that was created for someone else. For instance, if we go to one of the stock photography providers and download an image, we can use it for mockups, internal comping, etc. Things that don't ever hit the public domain. If we decide to use it for our client and it will distributed through various media, we must pay for the right to use it. That is the high-level overview, it is more complicated and a lot more to it than that. I'm in a dispute right now over photogrpahy rights between a client of ours and a photographer he we hired for a photoshoot where are the usage rights were not 100% clear. Blows! Thanks for the answer. I hadn't thought about the role of stock-photo houses. Link to comment Share on other sites More sharing options...
Members Inspector 71 Posted June 18, 2009 Members Share Posted June 18, 2009 Eddie will win. he is God Link to comment Share on other sites More sharing options...
Members benricci Posted June 18, 2009 Author Members Share Posted June 18, 2009 It's not semantics, it's a completely different legal definition for a different body of work. You seemed to have missed my point. You corrected that guy for mistakenly using "copyright" when he meant to say "trademark". I then corrected you for saying "copywritten", which is not the word you should have used. "Copyrighted" is. Point being, if you're gonna correct someone, be correct yourself. Link to comment Share on other sites More sharing options...
Members saijo Posted June 18, 2009 Members Share Posted June 18, 2009 what the {censored}??? Link to comment Share on other sites More sharing options...
Members Baddass Posted June 18, 2009 Members Share Posted June 18, 2009 Gee I wonder how he came up with the name Wolfgang.:facepalm:Now I know why Peavey dropped his sorry ass.What a stain he has turned out to be.Can you wear his sneaker's if you have a chicken foot?:poke: Link to comment Share on other sites More sharing options...
Members benricci Posted June 18, 2009 Author Members Share Posted June 18, 2009 Can you wear his sneaker's if you have a chicken foot? :poke: Only if you are in Cabo Wabo - it's outside U.S. jurisdiction Link to comment Share on other sites More sharing options...
Members the_bleeding Posted June 18, 2009 Members Share Posted June 18, 2009 ill laugh when eddie loses. Also, holy crap he is the ugliest person i have ever seen. Link to comment Share on other sites More sharing options...
Members benricci Posted June 18, 2009 Author Members Share Posted June 18, 2009 Also, holy crap he is the ugliest person i have ever seen.I've seen uglier.... Link to comment Share on other sites More sharing options...
Members the_bleeding Posted June 18, 2009 Members Share Posted June 18, 2009 I've seen uglier.... theres just something about eddie that makes me want to kick him in the face. Like, his face is a perfect punching bag. Its SO ugly. See that toothless guy, you kinda giggle inside and feel sorry for. But Eddie Van Halen, man. I'd love to just nail him in the face so hard. It would probably make him look prettier. Link to comment Share on other sites More sharing options...
Members PR_Tom Posted June 18, 2009 Members Share Posted June 18, 2009 Without getting into the whole thread, I thought for once I'd just post my initial response to seeing the shoes for the first time. It made me think of Van Halen's guitar. I think he wins. Link to comment Share on other sites More sharing options...
Members VanR Posted June 18, 2009 Members Share Posted June 18, 2009 Got to side with Eddie on this one. Link to comment Share on other sites More sharing options...
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