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previous: Dick Re:Your right to make Double Creme humbuckers (LONG) -- 12/7/2002 11:15 AM view thread

I'd like a legal interpretation on this trademark....

12/7/2002 1:32 PM
SKI'd like a legal interpretation on this trademark....
Are you a lawyer? I'd like to get a legal interpretation on the trademark.  
Dimarzio has trademakred the double creme, that's what all this is about. However, Gibson made double creme well before Dimarzio ever filed for the trademrk. The Gibsons in question were under a cover, but were often utilized with the cover removed making the bare double creme "in common use" well before the trademark filing.  
Additionally, I believe (and I may be wrong here) others were making double creme at about the same time as Dimarzio and before the filing for trademark.  
Finally, the trademark is exclusively about the color. Understood that a trademark protects a "distinguishing feature" but does color qualify? Can I go build blue cars and trademark "blue" preventing anyone else from building a blue car?

 
Replies:
SK FWIW, the trademark was filed in 77... -- 12/7/2002 1:55 PM
Dick Hi SK, Actually, I am a law stu... -- 12/7/2002 2:22 PM