Fender wins what *seems* to be a major [possible] Copyright Lawsuit for Europe

BenIfin

BenIfin

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Not sure if this is the right place to post this or not - and I know this guy isn't everyone's cup of tea - but the decision seems at least for now to be possible very broad and all encompassing.

No mention if any party is seeking a stay pending reviews / appeals or how Fender will try to "enforce" their win - and it seems the party in question didn't even show up to court - so a default judgment - which is still a win [for now] to Fender

 
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How exactly is 'body shape' defined? Do they draw an outline, label it with dimensions and radii, then say it needs to deviate from those specs by X inches/mms? And what about thicknesses & contours? I'm thinking of say, EBMM Cutlass or JP15's. I imagine they'd be in violation, on its face. :idk

And if you're the manufacturer of a model that could be in violation, do you just take the chance, and if fined, take it to court? Things that make you go... :unsure: Fight it under the argument that it's been copied for however many years, without suits being brought, therefore you've given up your rights to a copyright design?

Any lawyers in the audience?
 
TSJMajesty said:
How exactly is 'body shape' defined? Do they draw an outline, label it with dimensions and radii, then say it needs to deviate from those specs by X inches/mms? And what about thicknesses & contours? I'm thinking of say, EBMM Cutlass or JP15's. I imagine they'd be in violation, on its face. :idk

And if you're the manufacturer of a model that could be in violation, do you just take the chance, and if fined, take it to court? Things that make you go... :unsure: Fight it under the argument that it's been copied for however many years, without suits being brought, therefore you've given up your rights to a copyright design?

Any lawyers in the audience?
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If I were making a guitar that could possibly get me under fire from Fender I'd be hitting them up right about now asking about licensing rather than having them take me to court down the road, win and I can never make those products again.

I see this as kind of a 'fair is fair' situation with Gibson being able to control who makes LP's and while it's due to Fender's own negligence back in the day, more than enough companies have gotten to ride the Strat/Tele wave over the last 60/70 years.
 
I am not going to click the video because that guy is an idiot who rarely knows what he is talking about.

My understanding of the case is it was a default judgment, meaning Fender sued and the Chinese defendant didn't bother to show up and challenge the claim. I am no expert on German/EU law, but default judgments in the US don't set precedent. In other words, this ruling would have no impact on any other company or any other case other than the specific company that was sued.

If thats the case and KD is making the claim its a major case, he is spouting hyperbolic bullshit with little connection to reality as is normal for him.
 
I will also not click on that video, but I do know trademarks need to be challenged by the holder in court to remain active. My hope is that Fender is reasonable in challenging shitty knock offs but not going after companies that aren't blatantly copying their headstocks and are making good products that seek to improve on the original design (aka Suhr, PRS, etc.).
 
the Regional Court of Düsseldorf ruled that the Fender Stratocaster body design is a copyrighted "work of applied art" under German and European law. Apprently the ruling provides Fender with broad enforceable rights to block unauthorized copies across the entire EU, regardless of where they are manufactured.

looks like this is big news, af far as I understand it.
 
HotRats said:
Apprently the ruling provides Fender with broad enforceable rights to block unauthorized copies across the entire EU,
Click to expand...

I would want to see this from an EU based IP attorney because a default judgement in the US that had a similar ruling would be worth less than the paper it's written on. Fender could sue the next company, and if they decide to fight and show up in court then and ONLY then would a ruling in Fender's favor carry any weight. The judge/court didn't hear an opposing side for a default judgement, hence why they are not meaningful except to the specific defendant who chose to waive their right to a defense.
 
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