Thomann Sues Fender on Behalf of "Everyone"

[Rackman]

FMIC owns Leo Fender's creations; which is why they are in court over them.

This is an interesting legal theory, but why? They filed for no protection up front. There's no documentation of any sort saying they own anything. When they tried to get some, it turns out they were not following the law (waited decades too long) and were denied.

So why do you think they "own" it? They have as much evidence saying they own any intellectual property related to this as I have saying I own the empire state building. They're like the guy who says he totally owns the car but has no title or bill of sale.

And if their claim that "they did it first" and therefore own it are you acknowledging that Paul Bigsby owns the Strat headstock in Germany (by the same "it's art" theory) and Fender should have to pay royalties or cease production and destroy guitars? Or does this magical legal theory only apply to Fender and not the people they copied from?

 

[rsm]

This is an interesting legal theory, but why? They filed for no protection up front. There's no documentation of any sort saying they own anything. When they tried to get some, it turns out they were not following the law (waited decades too long) and were denied.

So why do you think they "own" it? They have as much evidence saying they own any intellectual property related to this as I have saying I own the empire state building. They're like the guy who says he totally owns the car but has no title or bill of sale.

And if their claim that "they did it first" and therefore own it are you acknowledging that Paul Bigsby owns the Strat headstock in Germany (by the same "it's art" theory) and fender should have to pay royalties or cease production and destroy guitars? Or does this magical legal theory only apply to Fender and not the people they copied from?

FMIC owns Leo Fender's IP, name, rights to his designs. They can't enforce their ownership legally, and it's a longshot the courts will award them legal rights to enforce this ownership in this current round of lawsuits.

When people try to make a distinction between Leo and FMIC, it's usually incorrect. Once Leo sold Fender, he sold the rights to his original creations and designs too. Semantics, perhaps, but they and words matter...though posting FMIC isn't Leo may make people feel better; fact is, FMIC owns those original creations and designs of Leo irrespective of their ability to enforce, defend or monetize them.

Whatever happens / doesn't happen in the courts doesn't change the fact that these creations / designs / shapes were invented by Leo and are owned by FMIC.

 

[Rackman]

FMIC owns Leo Fender's IP...

Easy to say, but it's not clear there's even a piece of IP here. It's a general legal principle that IP has to be something well defined and that other people know about. That's why we file for patents, trademarks, and copyrights and allow other people to look them up so there's no confusion. Even in the case of copyright which can be created automatically, there's supposed to be a document that is the thing that's copyrighted.

Fender doesn't have anything to point to. Not so much as a single record. All they have is a fairy-dust like belief that 72 years ago a body shape was sufficiently magical to be art (but that Bigsby's single cut a couple years earlier was totally not art and they can't be sued for that in Germany - no way).