Tim Pierce - Fender Commits Brand SUICIDE

[Geo]

Fair or unfair is irrelevant.

Is it legal or not, that is question and the only thing that matters because "no one is above the law" right?

 

[romanianreaper]

I am more of a Gibson dude but I have a Fender Professional II in Miami Blue that I really dig. Longest i've ever kept a Strat. I don't understand why they felt it was necessary to do this. Most serious musicians don't want a copy of a Stratocaster, they want an actual Stratocaster. Nobody playing Yngwie scales wants the PRS Silver Sky in yellow.

 

[Fiesta Red]

Can people fucking read anymore or understand a joke?

 

[VonBonfire]

My favorite color is mashed potatoes.

You're not helping Mike. I just planted some Adirondack Blues in my garden a couple days ago.

 

[tallcoolone]

If you want to sell guitars with your name on them, use your own design.

 

[The~Kid]

I respect Tim Pierce but tbh I don't SEE a lot or many boutique stuff better than some Fender Custom Shops Ive seen or Charvel Custom Shops......


Different yes but better..... Plus all this shit only applies to Europe and Europeans who are already well off and could afford many of these stupid expensive guitars either way buying them direct through a US dealer or store.


This stuff doesnt Apply to the US market or Americans.

 

[Corey James]

Maybe this is funny to me because I’m from Detroit, but

Fender just became the new Chrysler

 

[Corey James]

If you want to sell guitars with your name on them, use your own design.

I agree, as evidenced by my avatar photo

Ernie ball has done well with that, SUHR has the modern and the Oso is different enough.

Some builders at least have a few models that don’t look like a Strat or a tele.

 

[The~Kid]

PRS and others making pretty much Les Pauls are sure going to love it when Gibson catches wind of this.....


And well Fender is ahead of the curve here.....

Pretty stupid that Gibson don't do similar if they could IMO

 

[Alpha Stryke]

Im sorta done w/ the brand from a retail standpoint. There's enough "pre-owned" Strats floating around for the next 100 years
and the 80's Charvel Japan models series smoke anything made in Mexico.
Phuck e'm.

 

[PDC]

I do wonder what the underlying motive or 'end game' is for Fender. How much could the licensing fee be? Warmoth and Musikraft both display 'licensed by Fender' either on their websites or on their products (Musikraft's 'Burn' Stamp) or both. And I do not see Warmoth or Musikrafts's products being ridiculously over-priced. Does Fender just want other manufacturers to pony up a licensing fee? I wonder if builders like Suhr / Tom Anderson / Luxxtone have a licensing agreement with Fender?

The S. Ct. abrogated the defense of 'laches' in Trademark/Patent actions around 2017. Under the defense of 'laches' a responding party only needed to show an 'unreasonable delay' in enforcement action - causing prejudice to the respondent. I think this 'would have' carried the day here where Fender was well aware of similar designed products for decades and only started issuing cease and desist letters in 2026

Now, Defendant's in Trademark/Patent actions must rely on the defense of Equitable Estoppel which is harder to prove. Under Equitable Estoppel, the Defendant must first prove unreasonable delay in enforcement - but ALSO must prove some sort of affirmative communication or action on the part of the Trademark/Patent owner that led the Defendant to reasonably believe that the Trademark or Patent would not be enforced.

Could this apply to the distinctly different headstock designs of Suhr/Anderson/Luxxtone/Chubtone - and having never received a cease and desist letter, could they argue 'reasonable reliance' on no enforcement based on similarity of the body design alone?

This post is pure stream of consciousness over my first cup of coffee this am. Although I am a lawyer - I ain't no Trademark/Patent/Copyright Lawyer. I am just riffing on what I remember from the Bar exam...

 

[Omnipotent1]

PRS and others making pretty much Les Pauls are sure going to love it when Gibson catches wind of this.....


And well Fender is ahead of the curve here.....

Pretty stupid that Gibson don't do similar if they could IMO

I thought Gibson already won against ESP with their Eclipse I 4 knob forcing them to alter it.

 

[The~Kid]

I thought Gibson already won against ESP with their Eclipse I 4 knob forcing them to alter it.

Idk.... But this Fender thing may give them Even more leverage

 

[shred4Him]

I do wonder what the underlying motive or 'end game' is for Fender. How much could the licensing fee be? Warmoth and Musikraft both display 'licensed by Fender' either on their websites or on their products (Musikraft's 'Burn' Stamp) or both. And I do not see Warmoth or Musikrafts's products being ridiculously over-priced. Does Fender just want other manufacturers to pony up a licensing fee? I wonder if builders like Suhr / Tom Anderson / Luxxtone have a licensing agreement with Fender?

The S. Ct. abrogated the defense of 'laches' in Trademark/Patent actions around 2017. Under the defense of 'laches' a responding party only needed to show an 'unreasonable delay' in enforcement action - causing prejudice to the respondent. I think this 'would have' carried the day here where Fender was well aware of similar designed products for decades and only started issuing cease and desist letters in 2026

Now, Defendant's in Trademark/Patent actions must rely on the defense of Equitable Estoppel which is harder to prove. Under Equitable Estoppel, the Defendant must first prove unreasonable delay in enforcement - but ALSO must prove some sort of affirmative communication or action on the part of the Trademark/Patent owner that led the Defendant to reasonably believe that the Trademark or Patent would not be enforced.

Could this apply to the distinctly different headstock designs of Suhr/Anderson/Luxxtone/Chubtone - and having never received a cease and desist letter, could they argue 'reasonable reliance' on no enforcement based on similarity of the body design alone?

This post is pure stream of consciousness over my first cup of coffee this am. Although I am a lawyer - I ain't no Trademark/Patent/Copyright Lawyer. I am just riffing on what I remember from the Bar exam...

Fender tried the same thing in the US and lost. That was around 2008. This applies only to Europe and, with an appeal, could change at some point. In the US, headstocks are trademarked. Body styles are not unless the company trademarked their body styles from the beginning.

 

[Omnipotent1]

Idk.... But this Fender thing may give them Even more leverage

True, that’s why they just need to stick to innovating, rather than iterating. Like this:

 

[VonBonfire]

Fender tried the same thing in the US and lost. That was around 2008.

Internet mouthbreathing wasn't a thing back then so nobody cared.

 

[blackba]

I am interested to see if this affects those of us who occasionally buy used guitars that we don't need.

 

[Techdeth]

I read it wrong and was excited . I thought it said Tim Pierce Suicide

 

[VonBonfire]

I read it wrong and was excited . I thought it said Tim Pierce Suicide

He'll never be a soul patch bro.

 

[Laputan Machine]

Who gives a shit? Maybe companies should come up with their own designs instead of stealing others?
Fender is probably trying this with a small company to see if they can get something to stick, then they'll have ammo to go after the big dawgs like Suhr.