Fender doesn't sue?

[Gary in Boston]

Here's a question I have always wondered about.

There are a bazillion copies of Fender Teles, Strats, Pressions, Jazz's etc etc etc. Sites like Rondo have obvious copises as well many other places. They have Gibson like stuff too but here is my question.

A while back Gibson sued or threatened to sue PRS for their Single Cut. PRS stalled , pulled the model, maybe tweaked thw design away from the Les Paul and it came out etc but how come Fender doesn't even seem to care if people copy their stuff?

Gary

[Del Pickup]

I think you'll find that most (if not all) tele and strat copies are just slightly different in body shape or more likely headstock shape in order to avoid this very issue.

I'm sure I've heard of Fender threatening to sue the likes of Tokai in the 80's for having the exact same headstock design as Fender.

[Nick JD]

I want to know how USACG gets away with their "close but very slightly different" headstock shape! This is a good example of how close is too close ... and it's close.

[outbreak]

copies are either slighty different enough or go under the radar i think

[tonewoods]

Originally Posted by outbreak

copies are either slighty different enough or go under the radar i think

Or licensed...
The Allparts necks, for instance, are branded "licensed by Fender"....

Something that Gibson does not do...

Instead, Gibson chooses to send threatening letters to small guitar makers (some making as few as 6 guitars a year), thus enduring them to the general luthier public and creating bouts of so-called "Gibson-bashing"...

In the wake of the bad feelings that have existed for well over 15 years now over issues like this, their "PR" department should have been fired en masse years ago....

[e-merlin]

Neither Leo or the Fender company trademarked their body designs. Therefore, there are no "licensed by Fender" bodies, no matter how much Mighty Mite or Allparts say there are. The headstocks, on the other hand, are, and Fender protects them with licensing and, when necessary, the legal department.

[Dean Gray]

There is a custom guitar builder here in Australia by the name of Allan Tomkins. He builds great tele-style guitars, as well as electric bass guitars and the occasional lap-steel. Redd Volkaert owns and plays a Tomkins guitar, and comes to play at the Tomkins Showcase In Tamworth each January. Dale Watson has a well known Tomkins guitar covered in coins.

Anyway, at a U.S. trade show a few years ago, Allan was approached by Fender reps and told to change his headstock design immediately, or remove his instruments from display. I'm not sure of the actual threat or legal consequences they implied, however after a busy night with some hand tools, he was back the next day with a new headstock design. The Fender reps weren't expecting him back at all since he was a looong way from his workshop.
He hasn't used a traditional Fender headstock design since.

[neocaster]

Fender never defended their body shapes as marks, only the Fender name, model names, and headstock shapes. If at any point you fail to protect that shape as a mark, it's usually deemed unprotectable.

[Guitar_Ninja]

Originally Posted by Gary in Boston

A while back Gibson sued or threatened to sue PRS for their Single Cut. PRS stalled , pulled the model, maybe tweaked thw design away from the Les Paul and it came out etc but how come Fender doesn't even seem to care if people copy their stuff?

Gary

Gibson lost that lawsuit on appeal. The PRS immediately went back into production shortly thereafter completely unchanged.

I know that larger manufacturers like ESP run their SG/Les Paul or Strat/Tele designed guitars by the lawyers at Fender and Gibson to ensure that they are different enough to get around any copyrights.

[TDPRI]

Here's the deal.

1. Fender trademarked the names, logos, the "F" and the headstock shape. Nothing else.

2. Fender in the '80's licensed neck production with the trademark headstock shape and they have no way out of the agreements with those 4 builders.

3. USACustoms believes that their headstock is enough different to be non-infringing. Fender does not agree. It hasn't come to a lawsuit YET.

Gibson, has managed to trademark body shapes as well as other parts. But they lost to PRS on the Single Cutaway body in court. Fender does not want to lose and so it appears they are unwilling to push things that far. A loss is much more damaging than letting things slide.

[GilmourD]

Originally Posted by TDPRI

Gibson, has managed to trademark body shapes as well as other parts. But they lost to PRS on the Single Cutaway body in court. Fender does not want to lose and so it appears they are unwilling to push things that far. A loss is much more damaging than letting things slide.

I also think that Fender knows that its customers are smart enough to when a Fender is a Fender and a copy is a copy.

[River]

Originally Posted by TDPRI

Gibson, has managed to trademark body shapes as well as other parts. But they lost to PRS on the Single Cutaway body in court. Fender does not want to lose and so it appears they are unwilling to push things that far. A loss is much more damaging than letting things slide.

On what basis was that suit lost?

[Big John]

Originally Posted by GilmourD

I also think that Fender knows that its customers are smart enough to when a Fender is a Fender and a copy is a copy.

Really ?, i think some of the more blatant ones are pretty recognisable but with some guitars making what they do you can bet your life there are some great forgeries out there.