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  1. #1
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    Default Help me copyright a design!

    I've had it with ELVH ...
    I posted my blue 5150 on eBay and received this ...

    "This guitar is illegal to be sold as the design is owned by Wolfgang Van Halen. Dino's Guitars are aware of this. Please remove this item ASAP or we must ask Ebay to remove the auction for copyright infringement.
    Thank you.
    - evhguitarshop"


    Pissed me off, so I responded ...

    "Dear evhguitarshop,
    The color used to paint this guitar was a pearlescent viper blue.
    Much prettier than the color used in the design the Wolfgang "owns", don't you think? "


    I posted both this "question" and my response in the auction.
    Hopefully those that are interested will at least make note of my email address.

    Anyway, so this got me thinking ....
    I have an awesome design that nobody (to my knowledge) has a copyright on. It's a design that will definately sell, and more importantly, a design that is sure to piss off ELVH.

    Anyone done this before?
    If so, can you kindly point me in the right direction as to what form to use?
    http://www.copyright.gov/forms/

    Thanks!
    Last edited by Dino5150; 06.30.09 at 10:22 AM.

  2. #2
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    I have two designs copyrighted.
    My wife handled all the paperwork horseshit.
    I'll find out when she gets home what forms she filled out and chime back.
    Sit tight.
    [SIGPIC][/SIGPIC]
    "Talent is God Given, But Success is Hard Work"

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  3. #3
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    Quote Originally Posted by Ron4406 View Post
    I have two designs copyrighted.
    My wife handled all the paperwork horseshit.
    I'll find out when she gets home what forms she filled out and chime back.
    Sit tight.
    Thanks Ron.
    I just registered online with the copyright office.
    I'll take a closer look at all the forms when I get home and see which ones I need to use.

    I should have done this a long time ago.

  4. #4
    5150 clawedmonet's Avatar
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    Default

    FYI: I could be mistaken, but I think that Eddie's (Wolfgang's?) TM has to do with the lines that cross each other, not with the color. In other words, any color combination of the typical EVH design is an infringement. (Although you are correct that your blue looks a lot better.)

    Anyway, good luck with your design!

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    Quote Originally Posted by clawedmonet View Post
    FYI: I could be mistaken, but I think that Eddie's (Wolfgang's?) TM has to do with the lines that cross each other, not with the color. In other words, any color combination of the typical EVH design is an infringement. (Although you are correct that your blue looks a lot better.)

    Anyway, good luck with your design!
    LMAO! ... I just said that "it looks better" just to piss em off.
    But thanks!

  6. #6
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    They pulled my black/blue/white Frankie that I did last year stating the same. Mine was Dodge Viper Blue which is different than their's as well. Their trademarks are for color combinations of black/white, black/white/red, yellow/black, and black/white/blue, and they all state abstract stripe pattern. I was told about a year ago (by a former friend) that for their trademarks to stand up in court the product would also have to be a reasonable facsimile and be able to be confused with of one of their products. I don't think Ed ever played a blue 5150 so I don't think it would hold up in court. If that part is true then I'd give them the finger and if they harrass you sue them. This body is currently sitting on a shelf.
    Last edited by DivebombInc; 06.30.09 at 11:06 AM.
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  7. #7
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    Quote Originally Posted by clawedmonet View Post
    FYI: I could be mistaken, but I think that Eddie's (Wolfgang's?) TM has to do with the lines that cross each other, not with the color. In other words, any color combination of the typical EVH design is an infringement. (Although you are correct that your blue looks a lot better.)

    Anyway, good luck with your design!
    Hmmm, the description of Ed's (and Wolfgang's) copyright reads as follows ...

    "pattern(s) of distinctive crisscrossing lines on a solid colored
    background
    and includes derivative works thereof."

    My design is not on a "solid colored background".
    The only thing that concerns me is the part that says "and includes derivative works thereof."

    How can a copyright be left so open to interpretation?
    Do you have to pay extra for those clauses? lol
    Last edited by Dino5150; 06.30.09 at 11:17 AM.

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    Quote Originally Posted by DivebombInc View Post
    They pulled my black/blue/white Frankie that I did last year stating the same. Mine was Dodge Viper Blue which is different than their's as well. Their trademarks are for color combinations of black/white, black/white/red, yellow/black, and black/white/blue, and they all state abstract stripe pattern. I was told about a year ago (by a former friend) that for their trademarks to stand up in court the product would also have to be a reasonable facsimile and be able to be confused with of one of their products. I don't think Ed ever played a blue 5150 so I don't think it would hold up in court. If that part is true then I'd give them the finger and if they harrass you sue them. This body is currently sitting on a shelf.
    The problem with the court system is that, typically, in these types of cases, the guy with the most money wins. EVLH lawyers have the money to keep this in the court system til the end of time ... or until you no longer have the money to pay for your lawyer to be able to fight them.

    There is no "justice" in our justice system.

  9. #9
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    I agree with that, but I would probably represent myself and not spend any money on a lawhole and just make Ed spend his money. I could argue my side for quite a while.
    I think the solid color background means that the body starts off as one color and then as you add color's you're creating stripes. I could be wrong though.
    I would initially argue with ELVH, Inc. that they do not sell a blue 5150 so your product cannot be mistaken from anything they have ever done.
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  10. #10
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    Quote Originally Posted by DivebombInc View Post
    I agree with that, but I would probably represent myself and not spend any money on a lawhole and just make Ed spend his money. I could argue my side for quite a while.
    I think the solid color background means that the body starts off as one color and then as you add color's you're creating stripes. I could be wrong though.
    I would initially argue with ELVH, Inc. that they do not sell a blue 5150 so your product cannot be mistaken from anything they have ever done.
    Yeah, well they're not claiming it's an "unauthorized replica", they're simply stating that I'm infringing on a copyright design.
    Man ... I honestly didn't think posting a blue 5150 would be a problem.
    But apparently "Wolfgang" now has rights to THAT color pattern, which leads me to this question ....

    If Ed owns the rights to all "patterns of distinctive crisscrossing lines on a solid colored background" then how is it that Wolfgang owns the rights to the blue/white/black color combination of the same exact pattern?
    Last time I checked, blue was a solid color too!

  11. #11
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    Very good point and you might have something to go on there. I just PM'd you about something else.
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  12. #12
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    Quote Originally Posted by DivebombInc View Post
    Very good point and you might have something to go on there. I just PM'd you about something else.
    PM answered.

  13. #13
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    Quote Originally Posted by Dino5150 View Post
    The problem with the court system is that, typically, in these types of cases, the guy with the most money wins. EVLH lawyers have the money to keep this in the court system til the end of time ... or until you no longer have the money to pay for your lawyer to be able to fight them.

    There is no "justice" in our justice system.
    Unfortunately, Dino I also have to agree... ELVH Corp knows very well that 99.9% of small builders simply do not have the money or the time to challenge them on these issues. It would be interesting, though, to see someone with both come along and tell ELVH "fuck you!, I'll see you in court!"
    I wonder how well the ELVH copyrights would hold up...

    In any event, can you magine if I knew this was coming back in 1982 when I built my first "Blue Franky"...

    ...or in 2006 when I built my second one?!!

    How about if I would applied for a copyright at the time? Oh well...
    WGAF?!!

  14. #14
    5150 clawedmonet's Avatar
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    Quote Originally Posted by Dino5150 View Post
    Hmmm, the description of Ed's (and Wolfgang's) copyright reads as follows ...

    "pattern(s) of distinctive crisscrossing lines on a solid colored
    background
    and includes derivative works thereof."

    My design is not on a "solid colored background".
    The only thing that concerns me is the part that says "and includes derivative works thereof."

    How can a copyright be left so open to interpretation?
    Do you have to pay extra for those clauses? lol
    Ahhhh...that's why they are saying it's Wolfgang's TM. He plays the blue striped bass. As for the vague interpretation, it's good work if you can get it!

  15. #15
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    Quote Originally Posted by clawedmonet View Post
    Ahhhh...that's why they are saying it's Wolfgang's TM. He plays the blue striped bass. As for the vague interpretation, it's good work if you can get it!
    Yeah well if Ed owns rights to the pattern on ANY solid color background, then how in the hell can Wolfgang own the rights to the Blue/White/Black design?

    Jimi, dude ... you are definately a pioneer my friend.
    Had you only known!

 

 

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