Behringer sued for cloning Boss pedals

zonniewiw

New member
Just found this on the internet , it had to happen one of these days , make money on other companies developement ;

BEHRINGER SUED FOR CLONING RENOWNED BOSS GUITAR EFFECTS PEDALS

(Los Angeles, February 24, 2005)- Leading electronic musical instrument and
equipment manufacturer Roland Corporation ("Roland") has sued Behringer
International GmbH and its subsidiaries ("Behringer") to enforce Roland's
trade dress, trademark, and other intellectual property rights in and to the
famous guitar effects pedals manufactured, distributed and sold by Roland's
division, BOSS, as well as other Roland products.

BOSS has long been an industry leader in the design and manufacture of
guitar effects pedals, recording equipment and other musical instrument
accessories. In addition to their unparalleled sound, the BOSS pedals
feature a unique combination of aesthetic design elements which have served
to establish BOSS as an instantly-recognizable brand and to distinguish BOSS
pedals from pedals manufactured by others.

The Complaint, filed in the United States District Court for the Central
District of California, alleges that at the January, 2005 National
Association of Music Merchants ("NAMM") industry trade show, Behringer
announced the launch of a line of guitar effects pedals which replicate the
distinctive design features of the BOSS pedals with such painstaking detail
that the Behringer pedals are nearly indistinguishable from the BOSS pedals.
Roland contends that this is no coincidence, and that the overall look and
feel of the Behringer pedals is intentionally designed to confuse consumers
as to the origin, sponsorship or affiliation of the Behringer Pedals, and to
capitalize and profit from Roland's success, its impeccable reputation and
the goodwill that it has developed over years of hard work.

The Complaint alleges that in an effort to gain industry acceptance of the
cloned pedals, Behringer falsely assured industry retailers that the
Behringer line of pedals was approved and endorsed by Roland.

Roland's subsidiary and exclusive United States distributor Roland
Corporation U.S. has joined the suit as plaintiff. Plaintiffs are suing
Behringer for trademark and trade dress infringement, unfair competition and
a number of other causes of action aimed at protecting plaintiff's
intellectual property rights.

Dennis Houlihan, President of Roland Corporation U.S. commented: "Imitation
is not flattery, and is far from sincere, when the subject is Roland's
valuable trade dress. Roland has expended monumental effort and substantial
amounts to create and promote the design elements of its BOSS line of guitar
effects pedals. Behringer's replication of the famous BOSS trade dress has
caused extensive damage to Roland and its reputation, and Behringer's false
claim that Roland has endorsed Behringer's unadulterated infringement is
unconscionable."
 
Re: Behringer sued for cloning Boss pedals

You be the judge

TO100_medium.jpg


CS100_medium.jpg


EQ700_medium.jpg


VD1_medium.jpg

http://www.behringer.com/EQ700/EQ700_medium.jpg
 
Re: Behringer sued for cloning Boss pedals

I don´t have a problem with it , paying less for the same , if the sound is ok np

I know that about a year or 7 ago the famous mackie from the mixing tables also sued Behringer for copying a mixing table

The type of mackie I don´t know anymore but from Behringer it was the MX8000 , and was about one third of the price of the type of mackie at that time ,

Mackie lost the lawsued

I have a Behringer MX 8000 for 6 years now and it still works perfect .
 
Re: Behringer sued for cloning Boss pedals

I just randomly picked the "Ultra Octaver", which on the first link I provided appears to be the same color as the Boss OC-2, but when you open it's page it shows to be a different color now. Here's a couple of interesting quotes from the link.

http://www.behringer.com/UO100/index.cfm?lang=eng

"Create monster sound by adding two additional tones using your guitar—one and two octaves below the original tone. This BEHRINGER product has been designed to compete head to head with the Boss® OC-2*."

"* Let’s be clear. This is exclusively a BEHRINGER product. It is not in any way associated with and has not been approved, licensed, sponsored, endorsed, designed or manufactured (or anything else for that matter!) by ROLAND®/BOSS® or anyone other than BEHRINGER.
All Trademarks mentioned belong to their respective owners and are not affiliated with BEHRINGER."
 
Re: Behringer sued for cloning Boss pedals

zonniewiw said:
I don´t have a problem with it , paying less for the same , if the sound is ok np

The problem is that Behringer tends to reverse engineer designs, and cashes in on another company's work. That's one reason they can offer a lower price, no R&D. They're being sued because they're duplicating patented products.
 
Re: Behringer sued for cloning Boss pedals

I'd hate to admit it, but here Behringer deserves to be sued. They blatantly ripped off colors and looks of other pedals that they are in direct competition with. This is especially blatant with their versions of Electro Harmonix' stuff, I wouldn't be surprised if they start sueing too!
 
Re: Behringer sued for cloning Boss pedals

I knew that was going to happen! From the moment I saw them...

But you know, even if they've been sued before I think they're still going to sell them anyway.
 
Re: Behringer sued for cloning Boss pedals

They're basically counterfeit pedals -- no better than a $5 "Rolex"
 
Re: Behringer sued for cloning Boss pedals

I guess it will be difficult to win something like this . if Behringer has something different in the electrical parts and wiring it´s another product .

They even have a wahwah and a 19" tuner

And if you look at the V-amp technology that´s also a ripoff of the line 6 technology

Johnny

But I´m afraid that , if people buy more Behringer devices the companies like Roland etc etc don´t earn money , and there will be less money to devellope new technologies .
 
Re: Behringer sued for cloning Boss pedals

Well, like I said, if you click on each pedals' link, most of them have had a change of name/color. The shape of the case is still exactly the same though, so who knows what will happen.
 
Re: Behringer sued for cloning Boss pedals

zonniewiw I guess it will be difficult to win something like this . if Behringer has something different in the electrical parts and wiring it´s another product


No not necessarily... If Roland has copywrited the cosmetics even if the internals are 100% different they still may have grounds. Rolands a big enough company they arent gonna sue for kicks and grins if they've filed it they believe their rights either patent, trademark or intellectual have been violated.
 
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Re: Behringer sued for cloning Boss pedals

Edgecrusher said:
No not necessarily... If Roland has copywrited the cosmetics even if the internals are 100% different they still may have grounds. Rolands a big enough company they arent gonna sue for kicks and grins if they've filed it they believe their rights either patent, trademark or intellectual have been violated.

Maybe you´re right , PRS had also to stop with making Gibson les paul models because of a sued.

It´s good for the starting player that there´s something cheap , but bad for the devellopement ....

So I don´t know if I must be glad or dissapointed if roland wins this sue .

One thing I certainly know is that Behringer is a company that works in production series , if you orther something that is not in stock , you can wait perhaps a year before you get it . Been there ....

Johnny
 
Re: Behringer sued for cloning Boss pedals

This is more of trademark(servicemark/tradedress) issue than patent/copyright issue.

The issue is whether there is a likelihood of confusion between Boss pedals and B's pedals.

It has nothing to do with sound/circuit design/reverse engineering.
 
Re: Behringer sued for cloning Boss pedals

I always get confused on which applies to what when talking about patents/trademarks/copyrights, so I apologize for any misuse :laugh2:. The bottom line is that Behringer is planning on people in a music shop to look at the two units and think "this one looks just like that one but it only costs $20, I'll just buy it". Pretty lame IMO.
 
Re: Behringer sued for cloning Boss pedals

FretFire said:
Metal Zone anyone?

m4904601-8951.jpg

Oh my freaking Gawd!!! You have got to be ****ting me!!! :smack: How ghetto is that!!!
 
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