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  1. #1
    Romeo Delight
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    09.03.08 @ 07:34 AM
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    Couple months back I was on eBay all the time finding plenty of Kramer 5150 red/white striped guitars for sale for around $450-$700. Now there are none. Anyone got any ideas? Anywhere else to buy them? I might be able to shell out the money sometime, even though I know I don't *need* it but it'd be so cool

    And why doesn't Peavey sell the Wolfgang in Frankenstrat design? Blast!
    -Steve Krutzler

  2. #2
    Eruption rolsguitars's Avatar
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    01.22.09 @ 09:08 AM
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    Originally posted by SteveKrutzler:
    Couple months back I was on eBay all the time finding plenty of Kramer 5150 red/white striped guitars for sale for around $450-$700. Now there are none. Anyone got any ideas? Anywhere else to buy them? I might be able to shell out the money sometime, even though I know I don't *need* it but it'd be so cool

    And why doesn't Peavey sell the Wolfgang in Frankenstrat design? Blast!
    they are not allowed to be sold on ebay anymore, nor is anyone allowed to stripe one
    and sell one anywhere anymore, if you see one one ebay get it quick cause the auction will be shutdown within a day or 2
    Rol.

  3. #3
    Atomic Punk
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    12.11.17 @ 01:35 PM
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    i think it's a tad rediculous someone cannot sell a striped kramer on ebay

    JMJ
    "you can't change JMJ, it's legendary"- Brett Norton 9/24/07

    "It's the "JMJ" everyone had grown to love, man! Time to blow the roof off this place!"
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    "The links just look a little better with JMJ. Always has, always will." -Hurricane Halen 2/24/10

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  4. #4
    Romeo Delight
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    09.03.08 @ 07:34 AM
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    You've absolutely got to be kidding me. Aren't these original products that were sold back in the 80s or early 90s? If someone owns it they sure as hell can sell it despite Eddie's ownership of the striped design. He sold it to Kramer to sell those guitars, why the hell wouldn't an owner of one be able to see it? I'm not talking any sort of self-painted crap job; these were real actual Kramer's from the 5150 line of replicas that they sold at some point in the past.
    -Steve Krutzler

  5. #5
    On Fire
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    12.31.69 @ 04:00 PM
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    Originally posted by SteveKrutzler:
    You've absolutely got to be kidding me. Aren't these original products that were sold back in the 80s or early 90s? If someone owns it they sure as hell can sell it despite Eddie's ownership of the striped design. He sold it to Kramer to sell those guitars, why the hell wouldn't an owner of one be able to see it? I'm not talking any sort of self-painted crap job; these were real actual Kramer's from the 5150 line of replicas that they sold at some point in the past.
    There was never a production model Kramer 5150. There may have been a few one-offs that were replicas for backups for Eddie or contests but the 5150 was never produced and sold in the Kramer line.

  6. #6
    Eruption rolsguitars's Avatar
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    01.22.09 @ 09:08 AM
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    Originally posted by SteveKrutzler:
    You've absolutely got to be kidding me. Aren't these original products that were sold back in the 80s or early 90s? If someone owns it they sure as hell can sell it despite Eddie's ownership of the striped design. He sold it to Kramer to sell those guitars, why the hell wouldn't an owner of one be able to see it? I'm not talking any sort of self-painted crap job; these were real actual Kramer's from the 5150 line of replicas that they sold at some point in the past.
    sorry they never had an official 5150 replica for sell, although GMW and Ed Roman sold replicas for years they were not licenced (nor was I) to do so
    nor were they endorced by Ed, Kramer or anyone, if you have a replica now you legally cannot sell it, you can give it away but not sell it, those are the *exact* words from the lips of Michelle Cooke, EVH's Intellectual propery lawyer working for the Neff Law group on the phone to me during one of our several conversations detailing how I was to shut my replica business down.
    and btw if you want an authentic replica of the real thing a self painted "crap Job" is exactly what his was
    Rol.

  7. #7
    Romeo Delight
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    09.03.08 @ 07:34 AM
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    So there has never been a way to purchase a Frankenstrat guitar? What a lost sales opportunity.
    -Steve Krutzler

  8. #8
    Hot For Teacher
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    09.20.17 @ 08:12 AM
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    Is that what Mrs. Cooke stated? I certainly believe you, Rols, but man, what an obtuse statement on her part!

    This is the way I understand that it works (and may be challenged). First of all, I am assuming that this is based on Ed’s recent licensing spree. I am also assuming that he only licensed his trademarks. Since Ed is licensing these things, and not copywriting them, indeed the First Sale Doctrine of the copyright law do not apply here, although is oft used.

    In reality, to be enforceable, a license usually transfers a legally held right in exchange for some consideration (usually money). If the licensor does not have any right to license the right, then the contract is frequently found to be void. Basically, this means that those items that don’t fall under the license agreement (which are all of the items produced before Ed licensed his trademarks) are exempt from any sort of legal repercussions. Anything made after that date could be subject to license laws, assuming that the seller is the creator/manufacturer of the item. If the seller is not the original owner of the item, then they would still hold the legal right to resell the item providing that there are no “relicensing” restrictions on Ed’s licensing rights, which is hard to get approval on and highly unlikely.

    As far as eBay pulling such auctions off of its site, I would guess that they are taking a very conservative approach stating that the “burden of proof” would be too costly for them. In reality, that burden of proof is the responsibility of the seller, not the escrow agent (eBay in this situation). In other words, if you told eBay that you were going to take them to court for discrimination on the selling of your 3rd owner Frankie (which they are), they would most likely be forced to decide which squeaky wheel is making the most noise for them. In the end, however, they are a private company and they have the right to “refuse service” to anyone, just Like McDonald’s.

    All this basically means that most likely those older replicas can be found and bought legally, just don’t look for them in mainstream places like eBay.

    BTW, I am not a lawyer, I just have a passing interest in law and I have studies some similar case law. I am only stating this stuff out of things that I have read. Any lawyers out there that can shed more light on this would be appreciated.

 

 

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