Well not that young anymore but FWIW my all-time-favorite combo was the "EVH zebra" i.e. both pickups have the cream closest to the neck and the black closest to the bridge:
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it's not a patent, it's a trademark. and you can TRADEMARK colors. DMZ trademarked this color, if you like it or not. For example, T-Mobile trademarked magenta (at least, here in the Netherlands and as far as I know, only in the telecom-market).
DMZ's trademark is by the way only valid in the USA.
Sure, you can trademark colors. As long as it's not aesthetically valuable or desirable, puts competitors at signitifact disadvantages (such as Ford trademarking black cars) or has any other "function" other than a source identifier. T-Mobile's magenta is neither, and neither is the brown UPS truck.
However, John Deere Green sure is. because farmers wanted to color-coordinate their equipment. And it might be a second time, too.
Mercury Brunswick's black outboard boat motors? A functional color because the color black is harmonious with virtually all colors, and because it makes the motor appear smaller when mounted.
Red soles of women's shoes... hmm..
See, trademark law has this little thing called "Aesthetic functionality doctrine" and courts have again and again ruled....
that the doctrine of aesthetic functionality is a valid defense in the Second Circuit in cases “where protection of the mark significantly undermines competitors’ ability to compete in the relevant market” (emphasis in original). A mark is aesthetically functional if granting exclusive protection to the feature “would put competitors at a significant non-reputation-related disadvantage,” citing TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 32-33 (2001).
And then there's this "regular" functionality doctrine , too, which bars things like marks that affect cost or ease of manufacture.
In 2005, Dimarzio attempted a similar trademark, and was denied registrations because of functionality. Want to read the rejection? It's right here.
So.. while, yes, colors can be trademarks, functional colors cannot. And I can guarantee you that guitar players are a zillion time more aesthetically minded about their instruments than farmers are about their farm equipment.
Wolfe, I was searching for that denied trademark registration for DMZ and found you on the Racer X Forums talking about this. Did DMZ try to trademark mirrored bobbins or a pickup cover? Because as far as I know, DMZ is the only ompany making mirrored bobbins anyways.
The worst thing about the DC tm is that Dimarzio didn't 'invent' it initially. Copying an idea then protecting your stealings is the lowest of the low. Using our example earlier, imagine if T-mobile had copied another smaller communication firms colour, then tried to trademark that magenta then insist that the smaller firm couldn't now use it without paying.
I wonder if Carvin is paying for the DC.
The way they got around this is by saying that Gibson didn't intend to make the bobbins double cream. Gibson never fought back on it, so DMZ was awarded the trademark.
Sure, you can trademark colors. As long as it's not aesthetically valuable or desirable, puts competitors at signitifact disadvantages (such as Ford trademarking black cars) or has any other "function" other than a source identifier. T-Mobile's magenta is neither, and neither is the brown UPS truck.
However, John Deere Green sure is. because farmers wanted to color-coordinate their equipment. And it might be a second time, too.
Mercury Brunswick's black outboard boat motors? A functional color because the color black is harmonious with virtually all colors, and because it makes the motor appear smaller when mounted.
Red soles of women's shoes... hmm..
See, trademark law has this little thing called "Aesthetic functionality doctrine" and courts have again and again ruled....
that the doctrine of aesthetic functionality is a valid defense in the Second Circuit in cases “where protection of the mark significantly undermines competitors’ ability to compete in the relevant market” (emphasis in original). A mark is aesthetically functional if granting exclusive protection to the feature “would put competitors at a significant non-reputation-related disadvantage,” citing TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 32-33 (2001).
And then there's this "regular" functionality doctrine , too, which bars things like marks that affect cost or ease of manufacture.
In 2005, Dimarzio attempted a similar trademark, and was denied registrations because of functionality. Want to read the rejection? It's right here.
So.. while, yes, colors can be trademarks, functional colors cannot. And I can guarantee you that guitar players are a zillion time more aesthetically minded about their instruments than farmers are about their farm equipment.
perhaps TMobile's magenta isn't trademarked in the USA, but it surely is here in the Netherlands.
and you corroborated exactly what I said only with more detail![]()