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Urgent: Help us cancel the double cream trademark held by DiMarzio

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  • Urgent: Help us cancel the double cream trademark held by DiMarzio

    In 1981, DiMarzio trademarked the appearance of uncovered PAF style humbuckers featuring two cream colored bobbins. For many years, Gibson PAF pickups featured a random assorted of cream or black bobbins beneath the nickel silver covers, and many of these featured two cream bobbins. Many guitar players removed their humbucker covers, so having two cream colored bobbins was not an exclusive aesthetic at the time of the trademark filing. Nevertheless, the US Patent and Trademark Office granted this trademark to DiMarzio, to the effect that if you want to buy an uncovered PAF style humbucker with two cream bobbins in the United States, you must buy that pickup from DiMarzio. The details of this trademark can be viewed here http://tsdr.uspto.gov/#caseNumber=73...e=statusSearch

    There is a petition to cancel the trademark underway, on the grounds that the double cream appearance is aesthetically functional and limits consumer choice. However, the USPTO has stated most recently that they require evidence that other guitar owners, aside from the petitioner himself, also hold the view that the double cream trademark causes them damage as a consumer of after market guitar pickups.

    If you share in the view that the double cream trademark causes you damage as a consumer, we would greatly appreciate your help in establishing that many guitarists are harmed by this trademark. What we would require is that you download this form LINK EDITED OUT , print the document out, and then follow these steps:

    1. Complete Paragraph 1 with name, city/state of residence, and approximate year you began buying guitars and accessories.

    2. Complete Paragraph 6 with an accurate, personal statement about the impact of this trademark registration on you. Do you believe you are harmed because you’re unable to buy cream-colored pickups from other manufacturers whose cost, quality, or brand you prefer? This does not need to be lengthy or over-the-top; just a true statement of your belief about the impact of this registration on you.

    3. Read the full declaration and confirm it is accurate, then enter the date, type or print your name and sign it.

    4. Either scan the form, or take a legible photo of the form, and email the scanned or photographed document as an attachment to [email protected]

    We need these signed documents by Monday, March 13th.

    Thank you for your help,

    Andrew Flanders
    Last edited by Mincer; 03-07-2017, 09:14 PM. Reason: Do not post this kind of stuff here, please.

  • #2
    Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

    This is a thing?

    Comment


    • #3
      Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

      Yeah. If you want the possibility of being able to buy double cream Seymour Duncans some day, I hope you will send in a declaration.

      Comment


      • #4
        Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

        Originally posted by ICTGoober View Post
        This is a thing?
        Yes, it realle is a thing. And it's a big thing, in the guitar industry. The petition to cancel is real, and the USPTO wants to know that people other than the petition filer are affected by the trademark. If you are a guitar player, you are hindered because you are not free to choose the brand you wish, if you want a cream humbucker.

        Comment


        • #5
          Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

          I do believe that there are more pressing issues.

          Comment


          • #6
            Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

            Duncan should trademark all black.
            Originally posted by NegativeEase
            I'd wager that Clint can best GuitarStv at Wat and WAAAT... but not Watts.

            I think in the International System of Units (SI) a "WAT" is defined as a derived unit of 1 Clint besmirchment per hour

            and WAAAT is defined as a derived unit of 1 Clint kilojoule of described Nirvana transgression per post.

            Comment


            • #7
              Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

              Originally posted by Laughing Kookaburra View Post
              I do believe that there are more pressing issues.
              Sure. Like.. is my sound better with the pickguard on or off?
              Do trussrod condoms matter?
              Which knobs should I use?
              Are my M69 rings a perfect replica?
              The corners of these covers are too rounded!
              Is this replica PAF decal accurate?
              How do I get Slahtonez?
              With or without binding nibs?

              More pressing issues, indeed...

              Comment


              • #8
                Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                ^^^ My Strat would be horrid without the pickguard, pickups just laying about all willy nilly...

                Comment


                • #9
                  Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                  Less than 1 week?

                  Is this distributed in the various Facebook groups as well?
                  Oh no.....


                  Oh Yeah!

                  Comment


                  • #10
                    Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                    This happened in 1981, but now we have a 6-day deadline to deal with it, or it's forever? Fugget about it.
                    Originally posted by Demanic
                    Incompetence is widespread in a world that rewards mediocrity while punishing excellence.
                    Originally posted by GuitarFanatic
                    I am currently using Skullcandy headphones I found in the garbage.
                    I did find the DS-1 in the garbage.
                    I once found a guitar amp in the garbage, a Peavey Studio 110. It caught fire at the first gig I played it at.. But it was at the end of it, thank god.

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                    • #11
                      Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                      I won't be helping because I don't really care about double cream pickups and to state otherwise would be illegal, but I DO wish you luck! Genuinely...the patent is plenty outdated at this point and poorly enforced outside of the top few makers.

                      Comment


                      • #12
                        Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                        When the USPTO made their judgement, there was fifteen days. Time was needed to draft the form, and then some time must be afforded to prepare the declarations for submission to the USPTO.

                        There is now case law that did not exist in the late 70's and early 80's regarding the use of color in trademarks that serves to refute this trademark. That is part of the reason a challenge has been late in coming.

                        Comment


                        • #13
                          Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                          Originally posted by masta' c View Post
                          I won't be helping because I don't really care about double cream pickups and to state otherwise would be illegal, but I DO wish you luck! Genuinely...the patent is plenty outdated at this point and poorly enforced outside of the top few makers.
                          That's a misconception. DiMarzio has thoroughly enforced their trademark, even against small pickup makers. If they do not, their trademark would become generic, and therefore invalid. https://en.wikipedia.org/wiki/Generic_trademark

                          Comment


                          • #14
                            Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                            Originally posted by IWantDoubleCream View Post
                            That's a misconception. DiMarzio has thoroughly enforced their trademark, even against small pickup makers. If they do not, their trademark would become generic, and therefore invalid. https://en.wikipedia.org/wiki/Generic_trademark
                            I've owned enough double creams from smaller makers to form my own view on that, but good luck either way. Like I said...in the end, it really doesn't make an ounce of difference to me

                            Comment


                            • #15
                              Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

                              In fact DiMarzio sued a pickup maker called Sheptone last year. I assume Sheptone had to settle, because I never heard about any sort of final judgement. If you look at Sheptone's site, the double cream option is gone, so I assume they got the short end of the stick.

                              Comment

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