Aftermarket necks= trademarked headstock shape???

[dayold]

I thought because I read it on as tag (...and was told by a salesman at a shop), that an All-Parts Fender lic. tele headstock shaped neck was to be used as a replacement for a broken fender guitar only and that you couldn't build you own guitars from these.

Lately there are 3 three threads that mentions a few builders using All-Parts parts to build their custom guitars...so is that legal or what?

The reason I'm asking is that I have the guitar building bug once again and do I need to pay a fee to use a fender headstock?

[superbadj]

you can use Allparts necks to put together a guitar.

[chipbutty24]

What a bunch of horseship. That guy's either mentally challenged or a flat out bs'er.

[Twang Tone]

I'd ask him "why"?

[tdu]

Originally Posted by Twang Tone

I'd ask him "why"?

I'd love to hear the answer lol.

[jefrs]

Ok, from http://www.ipo.gov.uk/types/tm/t-about/t-whatis.htm (that's our UK Government btw)

Trade marks are not registrable if they:

• describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
• have become customary in your line of trade;
• are not distinctive;
• are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods;
• are specially protected emblems;
• are offensive;
• are against the law, for example, promoting illegal drugs; or;
• are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

The two in bold above would appear to discount any attempt to use the 3D shape of a headstock as a trademark that has been in use for the last 60 years.

However the bottom one, deception, could be relevant, but would be covered by other regulations such as counterfeit goods.

[GigsbyBoyUK]

I can understand someone thinking this, what with the fact that the headstock shape is a trademark... but of course the answer is that you can use an Allparts neck however and wherever you want.

Where it can get tricky is if you a commercial builder using that neck, because your guitar then has the Fender trademarked headstock shape, and Fender don't like that. Also if you are a home-builder and you put a Fender decal on the headstock and try to pass it off as a Fender guitar you'll be in trouble too.

But apart from those two scenarios you'll be just fine using Allparts necks.

[KevinB]

I think it's technically true

Fender licensed replacement necks are "supposed" to be only used for replacements on Fender guitars. Warmoth's licensing agreement states that they have "...a nonexclusive license to sell separately replacement necks for Fender and Squier by Fender guitars and basses made or sold by FMIC." Allparts has similar language on their website.

But, this is really the fine print, and it's pretty much unenforceable. I also think that this was originally specified because Fender didn't want its licensees competing with them by selling kits - notice the word "separately" in the Warmoth agreement above.

[telex76]

A little bird must have been talking to that salesman of yours.

[middy]

If you start selling them in any appreciable quantity, with or without a fake Fender decal, Fender may sic the lawyers on you if they get wind of it and your country's legal system permits. They may even win.

If it's for your own use, don't worry about it.

[dayold]

the salesman only reinforced what the tag said in writing.

[jwsamuel]

Originally Posted by KevinB

But, this is really the fine print, and it's pretty much unenforceable. I also think that this was originally specified because Fender didn't want its licensees competing with them by selling kits - notice the word "separately" in the Warmoth agreement above.

It also says they can sell "replacement" necks. In reality, the agreement can only dictate what Warmoth or All-Parts says on websites or packaging. There is no way that Fender can stop a buyer from doing what he wants after he separately buys a body and a replacement neck.

If you want to read the licensing agreement, here is Warmoth's:

Fender-Warmoth license agreement

Jim

[blackbelt308]

...and was told by a salesman at a shop

Which shop? (Me also being from St. Louis!)

Build boy, build!

Ciao,
Rick

[dayold]

Originally Posted by jwsamuel

...There is no way that Fender can stop a buyer from doing what he wants after he separately buys a body and a replacement neck.

Jim

thats sorta what I thought.

This shop wasn't in a local shop in St Louie it was in Texas.

[mandocaster]

My advice is to go ahead and cut the tag off of the mattress, even if it prohibited by law.

[sacizob]

Originally Posted by mandocaster

My advice is to go ahead and cut the tag off of the mattress, even if it prohibited by law.

....and the electrical cord.

[caferacer]

go for it you are not breaking any law's
this only applies to guitars sold as new
you can do anything you want to your own personal guitar, even put a Gibson decal on the headstock if you want

[jefrs]

Originally Posted by GigsbyBoyUK

I can understand someone thinking this, what with the fact that the headstock shape is a trademark... but of course the answer is that you can use an Allparts neck however and wherever you want.

Where it can get tricky is if you a commercial builder using that neck, because your guitar then has the Fender trademarked headstock shape, and Fender don't like that. Also if you are a home-builder and you put a Fender decal on the headstock and try to pass it off as a Fender guitar you'll be in trouble too.

But apart from those two scenarios you'll be just fine using Allparts necks.

I think my point is the headstock shape is specifically denied registered trademark status under English law. That will have a knock-on effect into International law because the trademark concept originated here from around C15 and sets the precedence, also remember US law inherited English law.

a) it has been in common usage too long.
b) it is a three dimensional shape.

[musicalmartin]

Most cheap Fender knock off 's ,guitars and parts ,over here have the correct shaped head stocks .

[Rufus]

...and as a point of completely useless trivia, the tag on the mattress CAN legally be removed by the purchaser/consumer.

It is required to be there when manufactured and when sold in the store.




Carry on.