Peavey ripping EVH off?
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  1. #1
    Big Bad Bill
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    Default Peavey ripping EVH off?

    Admittedly I know next to nothing about guitars but this HP2 Peavey looks a lot like the Wolfgang. Assuming Ed had a patent, has its expired?

    Does Peavey still produce the EVH line?

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    First

  3. #3
    Big Bad Bill
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    Quote Originally Posted by cav View Post
    First
    Funny!

    /sarcasm
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    I was under the impression that the manufacturers that used to have deals with him are still allowed to produce the same equipment, just under a different name. Peavey still sells the 5150 amp as 6505 and Ernie Ball sells its old EVH model under the Axis name.

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    With regard to Peavey related stuff, EVH held patents on (i) the scooped head-stock (as used on the current Wolfgang guitars) but not the scalloped head-stock as used on the HP2 and (ii) the D-tuna. The head-stock patent was a design patent, which protects imitation of the appearance/aesthetic of an article - in this case, the scooped head-stock. That design patent expired in late 2011. The D-tuna seems to have expired for failure to pay the maintenance fee on the utility patent (which protects the utility/function of a thing). Had the maintenance fee been paid, the D-tuna would still expire in 2023.

    Whether Peavey is ripping off EVH (ELVH, Inc.) is at least a matter of contract that most of us are not privy. Depending on the lore/legend that one can dig up, allegedly:

    * EVH did not design the original Music Man (Ernie Ball), but approved the final design that was retained by EBMM
    * when EVH went to Peavey, Jim Decola design the Wolfgang body (derivative of the EBMM with an arched-top)
    * when EVH went to Fender, a contractual arrangement allowed EVH to take the body design and use exclusively for a limited time
    * for Peavey, the limitation expired around 2017 as that is around the time the HP (and then the derivative HP2) was made available

    If there was any legal action to take, most likely, EVH and ELVH, Inc. would have done so several years ago.
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    Interesting. Thanks for the context. Very interesting to a layman like me.
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    That’s always been a huge turn off to me to the new Wolfgangs, that it has that ugly headstock cut out. The Peavey is so much better looking in my opinion.
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    No. Peavey is not ripping off EVH.

    The patent on the body shape expired a few years back so they’ve been producing the HP2’s.


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    Quote Originally Posted by MF5150 View Post
    No. Peavey is not ripping off EVH.

    The patent on the body shape expired a few years back so they’ve been producing the HP2’s.


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    The body shape was not protected by patent (neither utility nor design). A search of the US Patent database(s) for EVH, Peavey, Jim DeCola, etc. (associated with Peavey during the 1996 through 2004-ish working window between EVH and Peavey) yields a handful of results, but none for the arch-topped Wolfgang derived from the original EBMM designed for EVH.

    Rather, there was a contract between Peavey and EVH (as applied to his relationship with Fender) that gave Fender exclusivity to manufacture/sell that body shape for about 10 years. After that period of exclusivity expired, HP and HP2 was introduced by Peavey with the nearly-identical body style.
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    Those HP2's look and sound better than the EVH Wolfgangs. They just charge too much for them. Nice guitars though.

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    20210224_173735.jpg

    I have a NOS original body and neck. I like these necks better a lot smoother no sharp fret when the weather changes the floyd is a different but still a great guitar. I like it
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    Quote Originally Posted by VH51504 View Post
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    Quality control on the HP2 is effing ridiculous. I had 2 of them, bought the first one online. It arrived with sharp frets and needed a complete fret job. The pups were not wired up correctly, couldn’t get the push pull pots to work, and the guitar would not stay in tune. Returned it and ordered another one, I thought I just had a lemon. The second guitar arrived and the neck wasn’t even bolted all the way down onto the body.

    Ascetically the guitar looked gorgeous, but they were both crap. I the the EVH Wolfgang MIJ was a far superior guitar to the HP2 for half the price. YMMV on the MIM EVH Wolfgang, but I also think those are better than the HP2s. IMHO

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