Dimarzio attempts a new trademark - blade poles w/cream

Discussion in 'Pickups' started by WolfeMacleod, Apr 15, 2017.

  1. WolfeMacleod

    WolfeMacleod V.I.P. Member MLP Vendor

    Messages:
    2,718
    Likes Received:
    3,595
    Joined:
    May 2, 2007
    Ran across this today. Filed back in October, Dimarzio is now attempting to file for trademark status of a blade-poled design with cream.

    Bill Lawrence was doing this for many, maaaanny years.

    [​IMG]
     
  2. cooljuk

    cooljuk Transducer Producer Premium Member

    Messages:
    14,720
    Likes Received:
    19,858
    Joined:
    Mar 12, 2009
    I thought I'd seen this one before. Does "Current Basis: 1A" mean it's pending review?
     
  3. OldBenKenobi

    OldBenKenobi Senior Member

    Messages:
    6,929
    Likes Received:
    7,647
    Joined:
    Jun 5, 2010
    Dirty pool on their part.
     
  4. CheopisIV

    CheopisIV Copper Slinger MLP Vendor

    Messages:
    3,604
    Likes Received:
    2,694
    Joined:
    Apr 15, 2010
    Bill L. may have been doing it for years but that has nothing to do with the TM unless his company or representatives care to fight it (maybe).

    It may be different in the US but I've been involved in Canadian Trademark and Patent law for several different ventures and anyone up here can pay the $700 to apply for a TM and get it if not opposed regardless of previous use unless there's an active conflicting Trademark.

    The good thing here though is anyone can oppose it during the process until granted, but they'll also have to pay the $700 just to be heard.

    I underlined 'previous' because we also have a protection up here that pertains to 'in use' Trademark and applies to anyone who currently uses something that could be a TM. In this case, if I can prove previous use by date and am still using something that someone else want's to slap a TM on, I'll have more clout in the arguments against the third party. Still going to cost me $700 minimum though.

    Might be worth investigating if this is passed or still in approval stages. If you've built and sold even one previous pickup in this config before Oct 2016, you might be able to squash it?
     
  5. B5Erik

    B5Erik Senior Member

    Messages:
    687
    Likes Received:
    511
    Joined:
    Mar 17, 2012
    Oh, come on.

    I am so glad that I've found independent pickup winders like Guitarforce, Wolfetone, ReWind, Vineham, etc. They're better pickups and I can feel good about buying their products!

    (Wolfe - I still want a Marshallhead, I'm just trying to sell some stuff to get the money together. And I am dying to try out one of James' ReWind pickups and a Vineham 6070 set...)
     
  6. B5Erik

    B5Erik Senior Member

    Messages:
    687
    Likes Received:
    511
    Joined:
    Mar 17, 2012
    And attempting to trademark a technical spec as a cosmetic design thing is ridiculous.

    DiMarzio is really crossing the line. I will not buy another one of their pickups while they're pulling garbage like this.
     
  7. WolfeMacleod

    WolfeMacleod V.I.P. Member MLP Vendor

    Messages:
    2,718
    Likes Received:
    3,595
    Joined:
    May 2, 2007
    I'll be calling Becky Lawrence on Monday to bring her up to speed.
    I've done a couple blade poles, and in cream, but not many. GuitarFetish and others have been selling them for years.

    I'm not sure if this link will still be valid or not. They've faced an initial refusal to register.
    http://tsdr.uspto.gov/documentviewer?caseId=sn87213400&docId=OOA20170208164859#docIndex=0&page=1

    If the link works, take a look at attachments 1 and 2 (very top) that the USPTO is using as evidence for basis of refusal. :applause::applause::applause::applause:
     
  8. cooljuk

    cooljuk Transducer Producer Premium Member

    Messages:
    14,720
    Likes Received:
    19,858
    Joined:
    Mar 12, 2009
    "SUMMARY OF ISSUES:

    Refusal Under Sections 1, 2 and 45 – Non-Distinctive Product Design
    Amended Drawing and Mark Description Required – Conditional Functionality Refusal
    Black & White Drawing with Color Claim
    Classification and Identification of Goods
    Requirement for Additional Information"

    Excellent. Can we get a little consistency in the decisions on these and dump the invalid double cream 12 pole humbucker one, now?




    Unless I'm reading that letter wrong, it looks as if the trademark office is using DiMarzio's own product (among many others, though) as a reason that the trademark is not being awarded. Somebody was trying to bang their work out too fast before going home on a Friday evening.
     
  9. CheopisIV

    CheopisIV Copper Slinger MLP Vendor

    Messages:
    3,604
    Likes Received:
    2,694
    Joined:
    Apr 15, 2010
    They seem to be aware of Duncan's Hot Rails and Lawrence's designs already;
    Attachment 13, 42 and 57 are great evidence of non-distinctiveness.

    It appears they're still willing to consider color for the TM though if you read the section about it, and they indicate it must be generalized and not specific which is baffling. That leads me to think the old TM on the DC coloring might not ever get overturned unless Gibson went after it and shows their much earlier implementation.

    It'll be easy enough to resubmit with a proper picture done up but Dimrodzio may have trouble with claims of earliest implementation and distinctiveness considering the attachments to the contrary. If Becky is willing to go to bat, she could most likely get this shut down pretty easily.
     
  10. Kris Ford

    Kris Ford Senior Member

    Messages:
    4,754
    Likes Received:
    4,053
    Joined:
    Dec 17, 2011
    Haven't they been selling the X2N since '79? Hardly a new product.
    [​IMG]
    [​IMG]

    Why NOW for a trademark?

    Also, speaking of Bill L..can someone explain wtf is going on here?? Who is Jzchak Wajcman?
    Sounds like there is some wacky legal stuff going on there too..

    http://billlawrenceusa.com/
     
  11. chasenblues

    chasenblues Senior Member

    Messages:
    21,332
    Likes Received:
    32,201
    Joined:
    Apr 2, 2007
  12. SteveGangi

    SteveGangi V.I.P. Member

    Messages:
    31,265
    Likes Received:
    58,081
    Joined:
    May 20, 2010
    Good. trademarking something that is purely cosmetic and is already in use by others is a cheap tactic. Why don't they try to patent magnets or electricity while they're at it too.
     
  13. LtKojak

    LtKojak Senior Member

    Messages:
    4,076
    Likes Received:
    2,819
    Joined:
    Aug 26, 2009
    Next DMZ TM request: Gravity.

    I wish I was joking! ;)
     
  14. Guitar Rod

    Guitar Rod Senior Member

    Messages:
    1,488
    Likes Received:
    785
    Joined:
    May 29, 2016
    Cream gravity.
     

Share This Page