previous: Anthony Noel Re: Fight for your right to make Double Creme humbuckers! -- 12/6/2002 5:20 PM

Re:Your right to make Double Creme humbuckers (LONG)

12/7/2002 11:15 AM

Dick

Re:Your right to make Double Creme humbuckers (LONG) Hello All,   Long Time no see!!   I'd just like to add a few thoughts from a legal perspective.   Specifically, If (in America) you make a double creme, or a double creme resembling humbucker, you are leaving yourself wide open for possible legal action brought by Larry Dimarzio (unless of course you have express permission to use his trademarks ). Maybe he would not worry to much about it- Maybe its just to cut off some buisness from Seymour - but still, he has the option to pursue it further, if he so desires./ And he retains this right for some time- In Australia ( where I live) I beleive that he can still bring an action under Commonwealth jursesdition upto 6 years after the breach has occured. And this type of action (in Australia at least) is actionable 'Per say'- it is not dependant on the damage susstained ( as per a negligemnce claim) but rather on the fact that there was an unlawful infringement on Dimarzio's rights and/or intellectual property.   Assuming that this Dimarzio trademark is 'above board', there is really only one possible way in which you can create double creme humbuckers without worry of any litigious asperations from M. Dimarzio. Chiefly, the Pickups must not be this 'creme' colour when sold, but rather, rendered this appearance by the customer. Imagine if you made a pure white humbucker. And then you sold it. No infringements, right ? What if, perchance, you also sold some 'magik solvent', that rendered the Humbucker an off white, indeed, 'Creme' colour? Legal- certainly Due to the absorbant nature of the forbin ( a cardboard derivitive) used to make make the bobbins, it is POSSIBLE to sell tinted varnish ( varnish with a colour stain already mixed in it) to the customer to apply to the top of the pickup. This very weak mixture can 'build up' ( being transperant) allowing the customer to develop the depth of colour recquired. Completely legal   Perhaps this sounds like a lot of effort. But, if you think about it, proibably not as much as wrappining 5000 turns of copper wire thinner than human hair around a small bobbin...   Cheers,   Dick.   PS- Hope you are all well!!

 

Replies:

SK I'd like a legal interpretation on this trademark.... -- 12/7/2002 1:32 PM