Headstock patent issue?
- Thread starter RossF
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deathworlder
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It would fall under copyright law and not even close, IMO.
Symmetrical vs assymetrical tuners for one...
Symmetrical vs assymetrical tuners for one...
Actually, it's part of trademark law, not copyright law. The test is whether the design is so substantially similar that it would cause confusion in the marketplace.
Copyright law applies to written works, works of the performing arts like music, works of visual art, films, etc.
deathworlder
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I stand corrected.
It can be very, very confusing.
Tony M.
New Member
There is no way anyone is gonna mistake that for a PRS headstock.
They are about as similar as a Stratocaster and an Explorer headstock.
They are about as similar as a Stratocaster and an Explorer headstock.
Black Dog
DGT
PRS guitars date back to 1985 while Emerald Guitar date back to 1998.
RossF
Legato Fugato
Thanks for clarifying the details. I don't know much about it.
When I first saw it, the design struck me as very similar.
RossF
Legato Fugato
Maybe about as similar as an Explorer and Kramer. A Strat?
deathworlder
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Alnus Rubra
Loving nature’s wonders
Silver Sky headstock?
davesultra
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Hmmm… let’s wait & see what Gibsons lawyers have to say about this one! 
deathworlder
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Looks like it.
Here's one for a whole guitar.
https://patents.google.com/patent/USD517114S1/en
The key words seem to be "the ornamental design"...
I didn't know that was a thing.
DISTORT6
NJ Devil
Smokey room makes the difference
That's pretty interesting! Normally this stuff comes under the purview of trademarks, such as this one registered by PRS:
Trademark of Paul Reed Smith Guitars, Limited Partnership - Registration Number 3018560 - Serial Number 78330369 :: Justia Trademarks
Musical instruments, namely, guitars and basses [ and parts, ] fittings, and accessories therefore, namely, [ tuning pegs, ] straps [ and picks ]
trademarks.justia.com
I guess PRS wants to cover all possible bases. But I honestly didn't think the patent office accepted patents on ornamentation. So it's news to me!
deathworlder
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If you're a tech nerd, a search on PRS patents is pretty cool.That's pretty interesting! Normally this stuff comes under the purview of trademarks, such as this one registered by PRS:
Trademark of Paul Reed Smith Guitars, Limited Partnership - Registration Number 3018560 - Serial Number 78330369 :: Justia Trademarks
Musical instruments, namely, guitars and basses [ and parts, ] fittings, and accessories therefore, namely, [ tuning pegs, ] straps [ and picks ]
I guess PRS wants to cover all possible bases. But I honestly didn't think the patent office accepted patents on ornamentation. So it's news to me!
On my cursory examination, the most recent ones appear to revolve around TCI tech. It appears they had to invent new ways of precisely measuring and observing what's actually going on.
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RossF
Legato Fugato
Good sleuth work.
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