Want double-cream humbuckers? SPEAK UP NOW!

Discussion in 'Pickups' started by WolfeMacleod, Mar 7, 2017.

  1. Who

    Who Who is not here. Please leave a message.... Premium Member

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    Isn't it too late to submit?
     
  2. Antigua

    Antigua Senior Member

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    No, it's not too late. The previous deadline was in response to a motion to dismiss due to lack of standing, which DiMarzio lost, thanks to the declarations that were received having established standing. Additional declarations going forward will help demonstrate to the USPTO that there are many guitarists who are unable to make their guitars look how they want them to look, while also having the freedom to buy pickups from any company they choose.
     
  3. SeanHeffer

    SeanHeffer Senior Member

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    Thanks Antigua, the call was definitely on the Dimarzio's side. I believe it was Brent Davis. If called upon, I will obviously have no choice but to respond and honor our system. Supposedly, many people who signed the petition may have used false names (according to the Lawyer) as I was only a few that was able to be reached.
     
  4. Who

    Who Who is not here. Please leave a message.... Premium Member

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    No one called me. I'll go.

    No fake name used.
     
  5. Antigua

    Antigua Senior Member

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    It's very unlikely that anyone used a false name, considering the declaration form says, where it is to be signed and dated, a stating of section 1001 of Title 18 of the United States Code, that it would be unlawful to have put a false name. Besides, it behooves us all to be honest with the USPTO.

    The most likely reason that only few people can be reached is because only some of the declarants provided contact information, in addition to their email address.

    I hope any and every guitarist who ever wanted a double cream pickup made by Lollar, or Seymour Duncan, or Throbak takes this opportunity to legally stand up for themselves and other guitarists. This is an opportunity that is unlikely to happen again if the petition doesn't succeed. I've even had people from outside the U.S. who like U.S. made pickups, and wish they could submit a declaration, but this is a legal right that only U.S. citizens are allowed to exercise, and so we should.
     
    Last edited: Sep 26, 2017
  6. AHGrayLensman

    AHGrayLensman Member

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    The implication that people submitted declarations under false names really seems like sour grapes to me. IMHO it's much more likely that only a few of the people who submitted declarations live close enough to either the court or DiMarzio's attorneys to be subpoenaed for a deposition.
     
  7. grayd8

    grayd8 Senior Member

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    Phone is an unreliable contact method today, honestly if I don’t know the number it goes straight to voicemail.
     
  8. WolfeMacleod

    WolfeMacleod V.I.P. Member MLP Vendor

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    Being that many of the declarations were due to my sending out several hundred emails to customers... who I've received Paypal payments from... I highly doubt they used fake names.

    They can supeona me if they'd like, sibce I signed one. I'll gladly go. But I'll bet they won't, cause I know my stuff when it comes to this particular matter. In fact.. I'd be very surprised if they did.

    It just occurred to me that he may think my name is fake. lolz.
     
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  9. calfzilla

    calfzilla Member

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    That, or one of the lawyers is actually the Kurgan......
     
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  10. Dilver

    Dilver Senior Member

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    Sorry I haven't been following this over the years. Is this really a problem nowadays? Seems like there are a number of pickup makers offering double cream as a standard option. Or is it just that Seymour Duncan that gets sued if they do a double cream humbucker?
     
  11. CheopisIV

    CheopisIV Copper Slinger MLP Vendor

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    Any US based pickup manufacturer can get a letter from DiMarzio's lawyers if they breach the Double Cream bobbin Trademark. The rest of the world isn't subject to the TM as most other places won't let you trademark an unspecified color. DiMarzio was lucky getting this one passed with the existing wording. Not sure if it would fly today but I'm not up to date on USA TM regs anymore. Wolfe will have that info.

    Honestly, my double cream market is less than 10% of sales but I get that it wouldn't be fun having unrealistic regulations holding you back.
     
  12. Antigua

    Antigua Senior Member

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    DiMarzio most recently sued Shepton for offering double cream pickups, and Shepton has since ceased and desisted. If you want to make a difference, follow this link.
     
  13. freefrog

    freefrog Senior Member

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    FWIW, Sheptone is not the only pickup maker sued by DM for "discussible" reasons... A reminder can be found in the post 8, here:

    http://www.harmonycentral.com/forum/forum/guitar/acapella-28/1633551-

    Note that I'm not exactly a shill working for Chris Kinman. I'm European and he's Australian. Furthermore and for some reasons that I won't detail here, I could express a feeling of ingratitude from Chris against the humble "freefrog" ... I could even question his own behavior with a friend of mine who is also pickup maker... But even if my years of PM's and free collaboration with Kinman corp. appear to belong to the past, my sense of justice is still hurted by the testimonial above.

    YMMV.
     
    Last edited: Oct 8, 2017

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