Is it illegal to 'copy the fulldrive 2'?

Started by wampcat1, October 28, 2004, 01:19:57 PM

Previous topic - Next topic

RedHouse

On the "Pound Sand" method,

Why can't he do like Allparts and many others who DO put others trademarked names in their ad's (Les Paul, Stratocaster, Telecaster) ...then at the bottom of the ad's you see a disclaimer something like:

"Fender is a trademark of FMIC, Allparts Inc is in no way affiliated with FMIC"

or in this case;

"Fulltone is a trademark of Fulltone Custom Effects, wampcat1's ModSD1Pedals Inc is in no way afillaited with Fulltone Custom Effects or it's subsidiaries"

That sort of thing is commonplace and seems to stand up legally as a disassociation reference assigning name recognition and ownership to the trademark holder.
(which is what it's all about)

Just a thought.

StephenGiles

Jimbob said
QuoteWe're America

Um.....you are part of North America are you not?
Stephen
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

Gilles C

Quote from: RedHouseOn the "Pound Sand" method,

Why can't he do like Allparts and many others who DO put others trademarked names in their ad's (Les Paul, Stratocaster, Telecaster) ...then at the bottom of the ad's you see a disclaimer something like:

"Fender is a trademark of FMIC, Allparts Inc is in no way affiliated with FMIC"

or in this case;

"Fulltone is a trademark of Fulltone Custom Effects, wampcat1's ModSD1Pedals Inc is in no way afillaited with Fulltone Custom Effects or it's subsidiaries"


That sort of thing is commonplace and seems to stand up legally as a disassociation reference assigning name recognition and ownership to the trademark holder.
(which is what it's all about)

Just a thought.

Well, I'm not so sure Fender is a good example right now. Or maybe is it only the "Strat" name that they don't want people to use and protect?

http://www.allthingsguitar.com/change.htm

Just to say that Brian is not the only one having this kind of letters.

Then for M. Fuller, which one is bothering him the most? The use of the "Fulltone" name or the use of "Fulldrive"?

Then not mentioning the name of the effect but mentioning the company name with a note about the trademark as you mentionned would be better.

It's hard to say because he is using both about some pedals his products emulate. Like the Vox Tone-bender that is mentioned.

Added: free advice

http://forum.freeadvice.com/forumdisplay.php?f=39

Mike Burgundy

Quoteblack mariah: would you mind me naming one of my next fuzz-designs

the: Uber-Pisser
On that note, I'd like to borrow the "sod-box" ;)

StephenGiles

YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

StephenGiles

YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

Mike Burgundy

You coined that didn't you?
May I?
I'm thinking something so sonically annihalating, you only use it when you play your b*lls off, and it still isn't enough "Oh sod this" - blammo ;)
Or maybe that's too easy...
Hey, this could also be a cool name for my tiny mute-switch ;)

Bent Penguin

Quote from: Mike Burgundy
Quoteblack mariah: would you mind me naming one of my next fuzz-designs

the: Uber-Pisser
On that note, I'd like to borrow the "sod-box" ;)
With a bi color LED to know if you're sod on or sod off ;)

RDV

Ow bout the "Bollocks Booster" eh? Funny innit'?

RDV

Mike Burgundy


black mariah

Quote from: StephenGilesJimbob said
QuoteWe're America

Um.....you are part of North America are you not?
Stephen

Oh gawds I can't bloody stand this. "Hurh hurh, lookit me! I'm makin' teh stoopid USians look dumb 'cauz the comnintent and teh contree have the same name hurh hurh!" Dude, this country is called the United States of America, not the United States which happen to be on a continent called North America. Deal with it, or I'll start lumping Wales in as the same country as England.

Alex C


Regan

Well,
After that cute picture of little Georgie Bush Jr. at a young age, can we get back on topic?Hellooooo, no politics!
My take is this;
Mike F. is a windbag,
but has a right to have the description modified somewhat.
Fuller HAS to protect his product.
Somebody mentioned blatant copies, but nobody mentioned the fact he was in the business before most everybody even thought about it-have some respect for the elders for darn sake.
Derived from other pedals or not, they are built well.
Geeeez,
Some of the comments here just blow me away-hmmmmm, Fuller has been successful so he's open game to every morally challenged wannabe that figures Fuller didn't earn it. Give me a break!
The man has been in business for a decade, you think he is just going to toss that away without fighting it? The average person on the forums won't be a threat to him, but how many 'spare room' pedal companies have sprung up in the last couple of years?
Sorry,
I'm not a fan of Mike Fuller and his tactics, but I have to respect the guy for building a company that has lasted as long as it has, and I think he deserves more respect than he is recieving in this thread.
Regan

Regan

OOPS,
Sorry, just got a little irritated by how the thread was going
By wannabe's I wasn't referring to Brian or any of the other pro's-more the guys who talk but aren't in the business. It looks easy until your doing it.
Regan

DouglAss

Quote from: analogmikeHi,

Regardless of what you think about Mr. Fuller you have to respect his business and the law.

Michael Fuller not only has the right to protect his trademark, but the obligation. The laws in this country can be screwy:

Xerox provides a leading example. Editors who allow that company's
trademark to slip into lower case and become a verb, as in "He xeroxed
a copy of the Pentagon Papers," will get a cordial but serious letter
from the lawyers at Xerox saying in essence that "Xerox is not a verb
and please cease and desist from using it as such."

Mike;

The "xerox" issue is one of Genericide as opposed to dilution or unsubstantiated claims in comparative advertisement.

The issues and parameters are signifigantly different - it's not a particularly relavent legal comparison

RDV

I just want to say that sometimes in print people can come off as assholes, but be perfectly reasonable people in person. I have had to do some heavy learning since I started foruming about how to NOT come off as a prick. I sometimes fail.

All this is leading me to say that till I meet Mike Fuller in person, I'm gonna give him the benefit of doubt. When we're face to face and he's a prick,...then he's a prick. Till then I don't know that.

RDV

Kilby

I wouldn't normally comment in such a thread but I have to comment.

As far as I am aware you can have a reference to another product as long as you give proper credit (ie registered trademark (full tone have registered it havn't yhey ?), xxx has no affiliation with fulltone etc).

Secondly you are entitled to use your sound sample as it no more than a comparason (you arn't allowed to name the other product in the UK !).

Afterall you should include an example of the unmodded SD1 playing the same thing.

I think you may also be able to say in you ad the "Pedal that Fulltone tried to silence" (don't forget the registered trademark bit), because of the C&D.

Send examples to the music press for review and allow them to say it sounds better than XXXXXXXX pedal, especially if they are on record saying that they loved pedal XXXXXXXX.

As any proper martial art will say (well akido is the only one anyway) use your opponants attack against him.

BTW I take it you guys know the meaning of the term Sod or sodding ;)

Anyway Brian I prefer the sound of your pedal, and I agree with RDVs posting.

Best wishes from Ireland,

Rob...

Ireland a small island of the East coast of the US ;)

StephenGiles

Kilby said
QuoteIreland a small island of the East coast of the US

.....and as Geography teaching lacks substance these days we had better also say that Ireland is a small island off the West coast of a slightly larger island called England!

Thankyou for introducing some sense into a thread which is fast becoming a nestbed of bumbledom.

Now, might I suggest the contribution of a new circuit  for setting your mouths to twistin'...anyone got the Accessit Compressor?
Stephen
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

jimbob

QuoteThankyou for introducing some sense into a thread which is fast becoming a nestbed of bumbledom.
See, now. I agree. Otherwise it could turn into= a bigger nestbed of sillydom..then it moves up to a box rumblebum, fumblecum,sumblesum, numblewom.  And...We dont want that!
"I think somebody should come up with a way to breed a very large shrimp. That way, you could ride him, then after you camped at night, you could eat him. How about it, science?"

StephenGiles

"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".