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Old March 6th, 2013, 03:40 PM   #1 (permalink)
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Kelton Swade Sued by Fender

Tennessean Article on FMIC Suit

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Old March 6th, 2013, 03:47 PM   #2 (permalink)
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someone needs to write "The Ballad of Kelton Swade"
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Old March 6th, 2013, 03:48 PM   #3 (permalink)
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Moral of the story: If a large company like Fender catches you red-handed and only goes so far as to send a "cease and desist" letter, you would be stupid to ignore it.
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Old March 6th, 2013, 03:52 PM   #4 (permalink)
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No idea who Kelton Swade is, but good.

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Old March 6th, 2013, 03:58 PM   #5 (permalink)
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No idea who Kelton Swade is, but good.

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Well, let's just say that a few years back Mister Swade [error removed by Admin] was the topic of a few angry threads on TDPRI, where he allegedly promised guitars for people, took their money, and never came through with the instrument.

I don't think there'll be too many tears shed for him if FMIC win their case.

Last edited by TDPRI; March 6th, 2013 at 04:29 PM. Reason: Can't let your error stay on the page. In the future it would be best if when you discover you've made succh an error that you click on the "edit" button and correct your error. Thanks
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Old March 6th, 2013, 04:09 PM   #6 (permalink)
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Quote:
Moral of the story: If a large company like Fender catches you red-handed and only goes so far as to send a "cease and desist" letter, you would be stupid to ignore it.
i doubt he has the financial means to fight this ... legal battles are very expensive ...
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Old March 6th, 2013, 04:12 PM   #7 (permalink)
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i doubt he has the financial means to fight this ... legal battles are very expensive ...
My point was that they sent him a letter in January asking him to stop, which he apparently paid no attention to. Now he's going to get clobbered.
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Old March 6th, 2013, 04:18 PM   #8 (permalink)
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Question - If your getting your necks from Allparts (Fender licensed) and using them to make T's and S's but with your own label on the headstock, what's the legality of that? I can see misrepresenting your guitar as a Fender being illegal, but headstock shape copies on a licensed product that is resold? Grey area or not?
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Old March 6th, 2013, 04:19 PM   #9 (permalink)
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"Kelton Swade responded with profanity..."
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Old March 6th, 2013, 04:22 PM   #10 (permalink)
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I would not even consider commenting for or against Fender unless I had access Fender's complaint and the evidence they have provided. Too much gray area and assumptions for my taste.
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Old March 6th, 2013, 04:26 PM   #11 (permalink)
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After "It might get Loud" there seems to be a "It might get Ugly" rockumentary in the make.
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Old March 6th, 2013, 04:31 PM   #12 (permalink)
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I'd probably rather have a Swade Strat/Tele than a current Fender
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Old March 6th, 2013, 04:34 PM   #13 (permalink)
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Quote:
Originally Posted by tiskit86 View Post
Question - If your getting your necks from Allparts (Fender licensed) and using them to make T's and S's but with your own label on the headstock, what's the legality of that? I can see misrepresenting your guitar as a Fender being illegal, but headstock shape copies on a licensed product that is resold? Grey area or not?
Not a gray area in Fender's mind. Nor even in Allparts mind.

Fender licenses necks through a few manufactures to be used as "replacement necks". Using them to produce new guitars for sale with Fender's trademarked headstock shape or logo is a violation that Fender would not let stand. Licensed neck or not.
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Old March 6th, 2013, 04:34 PM   #14 (permalink)
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Headstock shape. If you're selling guitars with a headstock design that Fender owns the copyright to, you will get dinged. Licensed necks are sold for "replacements" or one-offs, not for you to start a business with.

Dang. Paul beat me to it.
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Old March 6th, 2013, 04:34 PM   #15 (permalink)
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I'd rather have a Danocaster, Kirn or Creston than a Swade.
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Old March 6th, 2013, 04:36 PM   #16 (permalink)
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I'd probably rather have a Swade Strat/Tele than a current Fender
Would you? You can go to a store or online, pay some money and take your guitar home.

But what if you paid good money for a guitar that you never received?

Now, what would you prefer?
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Old March 6th, 2013, 05:11 PM   #17 (permalink)
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Gee, maybe I oughta write to him, if he's gonna just throw 'em away anyway.
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Old March 6th, 2013, 05:14 PM   #18 (permalink)
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"Kelton Swade responded with profanity..."

Well, my ex and Kelton have that in common anyway. I feel like I know him a little better now.
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Old March 6th, 2013, 05:15 PM   #19 (permalink)
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When he suspected the replica was being shipped to an employee of FMIC, they said he allegedly removed the Fender logo and replaced the logo with one of his logos.

Maybe he should have just replaced the whole neck with one of these.
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Old March 6th, 2013, 05:17 PM   #20 (permalink)
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Would you? You can go to a store or online, pay some money and take your guitar home.

But what if you paid good money for a guitar that you never received?

Now, what would you prefer?
QFT
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