Now ANYONE can clone a Fender Strat, Tele or P-Bass...

[wingsdad]

...fearlessly.

As long as they change the headstock and don't actually call it a Fender.

This news broke last week. Leo Fender's original body shape designs for the Stratocaster, Telecaster and P-Bass were ruled to now be officially 'in the public domain', based on 'genericity'.

John Suhr says Suhr spent in 'six figures' on their way to this 'victory', joined by a long list of other makers, Peavey among them.

John Suhr TGP Victory Dance Thread (http://www.thegearpage.net/board/showthread.php?t=527280&highlight=trademark)

Specualtion is that FMIC may appeal the ruling.

Material & labor cost increases and marketing budgets aside, no wonder Fender's prices are up.

I don't suppose spending 'in six figures', or any other amount, by any of the others who joined in the suit would have anything to do with their prices.

Funny thing is, will we now STOP calling guitars in these shapes a 'Strat' or 'Tele' or 'P-Bass'? I guess not. A rose by any other name....

[Bloozcat]

And I see that Hartley Peavey is pursuing the Fender headstock as well, saying that the trademark may have been obtained fraudulently?

[markb]

[/RANT]Oh, what a conservative bunch we guitar players are. Now there's absolutely no need for anyone to design anything new. I'd look forward to Allparts and Warmoth reducing their body prices now they won't have to pay the "Fender Licensed" fees but I won't hold my breath. What a complete waste of everyone's money which will just mean higher prices for the consumer.

Fender are probably the worst culprits making most of their money just rehashing their past. I've tried to think of the last original designs Fender produced and can only come up with the TC-90 (double cut tele), the Performers and the Elite/Flame series. And I'm going back nearly thirty years here. FMIC are in effect simply ripping off Fender Electric Instruments (1946-1965), they should talk about originality. [/RANT OFF]

[just strum]

Aren't all of the non-Fender Strats and Teles already the same body shape? I guess I'm missing the point. I assume Epi and Gibson will start being attacked in court by other guitar makers.

[sunvalleylaw]

Markb, I get what you are saying, but to me, good design is good design. I am not going to get into what Fender corporate did/did not/should have done with regard to any intellectual property rights on the body shapes, but to me, a strat shape is one really good design. Likewise, a Porsche 911 type has stayed relatively the same, as have the various types of pianos and saxaphones, etc. I welcome development of new and better 6 string mousetraps, but I think that the strat and tele were great designs. I hope Leo and his family have been compensated properly for them.

[markb]

Leo Fender offered to sell Fender Electric Instruments to Don Randall in 1964 for $1.5m due to health problems. He just wanted to sell and left the negotiations to Randall who got $13m from CBS. I have no idea how that was split but I suspect Fender did quite well. He sold his name and his intellectual property rights, I doubt there's any money from those designs still going to the Fender family but that was his decision at the time.

Leo's (although we have to credit Freddie Tavares among others for design input on the strat) designs are great, can't argue with that.

[bigoldron]

And I see that Hartley Peavey is pursuing the Fender headstock as well, saying that the trademark may have been obtained fraudulently?

Why? I like the Peavey angular headstock. It makes it a "Peavey" to me. Otherwise, it's just another Strat knock-off. :confused:

(OK, so my logic's a little weird. :whatever: )

[sunvalleylaw]

I kinda thought the same thing about the Peavey headstock. They should just keep it as is.