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

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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=73150505&caseType=SERIAL_NO&searchType=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 iwantdoublecream@gmail.com

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

Thank you for your help,

Andrew Flanders
 
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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.
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

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.

Petition.JPG
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

Duncan should trademark all black.
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

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...
 
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...
 
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?
 
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.
 
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.
 
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.
 
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.

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

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 ;)
 
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.
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

Seths and Ants are double cream. I'm happy with my Seth/Ant hybrid. It's enough double cream for me. Or you could get a zebra and reverse zebra then swap coils. Easy peasy.
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

All the complainers- quit your *****ing and step up to the plate!
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

This again? Pfft... Why not set up another company based in overseas that makes double-cream pickups and exports them to the US?
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

This again? Pfft... Why not set up another company based in overseas that makes double-cream pickups and exports them to the US?

Doesn't work that way. Not allowed to be sold in the USA.

That is why you don't see Gibson headstock MIJ clones for sale here.
 
Re: Urgent: Help us cancel the double cream trademark held by DiMarzio

I'm in. Although I don't have a pressing need (currently) for double creams, I find it g-damned ridiculous that anyone can patent a solid color.

Undoubtedly this was passed way back when due to the ignoramuses at USPTO not knowing jack about guitar gear.

Trademarking a solid color is like trademarking tree bark texture... (GTF outta here).

I'll post this notification on my forum (and others) as well.
 
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