
Originally Posted by
David Schwab
Everyone knew those were Super Distortion pickups.
Not "everyone". I had no idea.
But I must concur that in 1979 the USPTO decided DiM had provided sufficient evidence of "secondary meaning" to grant a trademark.

Originally Posted by
David Schwab
This is before companies started putting logos pickups, so the color was analogous to a logo. Just like a lime green square is H&R Block.
No, not just like H&R Block. H&R Block provides notification of their registered trademark by placing a circled R in the lime green square.
AFAIK, DiMarzio does not provide any indication to notify consumers of the double-cream trademark anywhere on their products, packaging, advertising, catalog, or website .
The purpose of a trademark is to identify the source of the goods. In order to continue serving that purpose, DiMarzio is required to continue informing its consumers about the trademark.
For a very long time, DiMarzio has treated the the double-cream trademark like a closely-held secret.
Ref: Colour_trade_mark
Currently, there are only three classes of consumers who know about the trademark:
1) Dinosaurs who remember Al Di Meola's picture on the cover of Guitar Player;
2) Pickup makers who received a Cease and Desist Order from DiMarzio;
3) Forum members who read that "DiMarzio has a patent on the color cream".
It has been over forty years since the introduction of the DiMarzio Super Distortion pickup.
Over. Forty. Years.
Larry DiMarzio's assumption that guitarists in 2017 remember the introduction of the Super Distortion in the pages of Guitar Player
is like
Mary Jane Hudson's assumption that pianists in 1962 remembered the introduction of "I've Written a Letter to Daddy" on the stages of Vaudeville.

Originally Posted by
David Schwab
Yes, they make other colors. And they even state their standard color is black. But on the cream colored pickups there is no logo, but there is on all the other colors.
Because the color is the brand recognition.
Now, that is creative reasoning indeed.
The general public is supposed to deduce that double-cream pickups are made by DiMarzio because they are the only ones that do not have a DiMarzio logo?
Amazing. Truly amazing.

Originally Posted by
David Schwab
... they own the trademark in the US.
For now. The SD trademark is pending cancellation hearings.
On Double-cream. New movement on the petition to cancel. READ!

Originally Posted by
David Schwab
They did it first.
Even if they didn't, they did trademark it first. But that's not enough.
They have been negligent in their responsibility to educate consumers of the source-identifying significance of double-cream bobbins.
https://www.finnegan.com/en/insights...d-4afc4f9c878eIn nearly every case in which a trademark owner was ″victimized″ by the aesthetic functionality doctrine, the trademark owner exhibited poor trademark management or otherwise undercut the ″source identifying″ role of its own trademark. These cases provide a list of missteps that can expose trademark owners to an aesthetic functionality attack.
1. Failing to Use the Purported Mark as Source Identifier
In many cases where trademarks were invalidated due to aesthetic functionality, the owners of purported trademarks failed to follow the most elementary of practices necessary to protect their trademarks, such as failing to use the TM symbol to provide notice of its trademark claim; not placing the purported mark on packaging, tags, or labeling; not using written notices on packaging that identify and claim ownership of the trademark; and failing to highlight the claimed trademark in advertising. If the purported trademark is not immediately obvious to the consumer as a source identifier, the failure of the owner to educate the consumer of its source identifying significance can be fatal.
Sound familiar?

Originally Posted by
David Schwab
The rest is sour grapes.
I just call 'em as I see 'em.
-rb
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