Copying classic guitars doubt

[Artur pickupmaker]

Excuse me if the answer of this question is obvious for you, here in Brazil nobody is sure about it.

Is there any legal problem if I made a perfect copy of a classic model like Tele, Stratocaster or Les Paul, with exactly the same shape?

[David Schwab]

Not really. If you are going to sell them you have to change the shape of the headstock, since those are the trademarks of the makers. And of course you can't call them Fenders or Gibsons.

[Artur pickupmaker]

Thanks for answering, David.

I am starting to make guitars and pickups, first for me, but I am sure people will like it and I will make some ones for sell.
I plan to use different pickups, woods and pickguard shape, but people really like the shape of the body and headstock of the classic models. I will sell my instruments only in my country.

So, is there a legal obligation that forbids me to use the same body and headstock shape (remember, other parts will be different to the original, impossibiliting someone to sand the headstock logo to put the Fender logo, making a falsify)? If there is, it is appliable out of the USA?

[David Schwab]

You can use Fender's headstock shape if you pay a licensing fee. Otherwise they will come after you! Same for Gibson. And don't even try to copy anything on a Rickenbacker, unless it is for your own use.

This is the various makers business identity, so it's a trade-mark infringement issue, and very serious. They will take legal actions.

Obviously, there are a lot of Fender style (copy) guitars on the market, but they don't use the same headstock shape.

[Artur pickupmaker]

There must to have a rule for this.
If I make a headstock that is just 0,5 milimeter plus in a part, most people will not even notice it, can be considerated a different headstock?

I don't want to get problems because of this.

[Jeff Callahan]

I'm not sure if this is correct, but I think the peghead has look distinctly different from the original at a certain distance, say 40 feet. This is because if the shape is indistinguishable from that distance someone watching a guitarist on stage could think that they are in fact playing a certain brand of guitar. From what I've heard Gibson will go after you, Fender, maybe not.

You could always add a little "hook" to your peghead that could (after the sale) be sanded off. Saving your ass.

Edit: I think Gibson now has bigger legal issues to sort out. Maybe you could buy them off with some rosewood

[David Schwab]

There must to have a rule for this.
If I make a headstock that is just 0,5 milimeter plus in a part, most people will not even notice it, can be considerated a different headstock?

I don't want to get problems because of this.

If you use the same shape, or a shape that might be confused for a Fender, for example, you will get in trouble. All the companies that sell Fender style necks with the Fender head shape license this. This is why you see Stew-Mac selling paddle head necks. So you can do your own shape. You can do it exactly like a Strat if you wanted, but they can't sell if that way without giving Fender a fee. And you couldn't sell it either.

Take a look at Strat style guitars on the market, and see how they change the head.

The head shape is the builders trademark, so you should come up with something original.

Do you want to be "a fake Fender", or something that is your own?

[Jeff Callahan]

+1 for David's comment, I wasn't trying to suggest to copy fender or gibson, but just saying how many do it. I work for a parts supplier that makes bodies and necks for some builders, and many people shape their headstock so anyone with a block and sandpaper could sand it down to make it look original. Going with your own idea is a far better idea, especially if you are proud of your work.

I could be wrong, but doesn't Ed Roman sell a routing template to put the mustache on his LP copies?

Jeff

[Artur pickupmaker]

And what about use a name that remembers a known name?
A model of a certain brazilian guitar manufacturer is called "Stratosonic".

[Robert M. Martinelli]

And what about use a name that remembers a known name?
A model of a certain brazilian guitar manufacturer is called "Stratosonic".

In this case that guitar manufacturer could be asking for trouble, because "Stratosonic" is not only reminiscent of a "Strat", but it also is the registered trade name of a true FMIC model, ( AFAICR much like a Strat with P90-like pickups which appeared in FMIC 2002-2003 catalog, along with its Tele-like "Telesonic" counterpart ).

Cheers

Bob

[Artur pickupmaker]

Yes, but this manufacturer makes this model since the 60's or 70's, as their "super-sonics", that are like a Jaguar with 3 single coils.
If they had registered it in the 70's, they can impede other manufacturers to use this names?

Can I make a "Tele-something", been "something" a new and non registered name, or the prefix "Tele" is enought to get trouble?

[David Schwab]

"Strat" and "Tele" are registered trademarks, and you can't use them.

Why not just come up with your own name?

This would be like a band playing music that sounds like another band, and having a name with part of the other bands name in it, as well we the song titles.

Just use some originality.

[Jag]

Frankly, regardless of how great a guitar might be, if it looked like a knock-off and the name sounded similar to a major brand, I wouldn't be able to get past the "counterfeit" stigma.

If you build a grerat guitar, and have the confidence to put your own brand on them (headstock, model and brand name) I'm more interested.

If the body is a Strat, Tele, LP, PRS, etc. shape, that won't turn me off as long as the logo and headstock don't look like obvious attempt to mislead!

Be proud of your work and put your own twist on it!

[bosrocker51]

it's common

individuals and companies copy Fender and Gibson bodies every day. Unless you get famous for it, you will probably have no problems.

"Max" made 1959 LP Standard copies and got into trouble with Gibson because - he's in the USA, and he documented online how he did it. His copies are dead ringers for 1959 LP Stds and go for $15L+. Original 59 LP Std go for $85K+

Gibson sued him.

but - I have a Tele copy and a couple of LP Custom copies made in asia - Gibson has done nothing to deter asian manufacturers from building copies - admittedly, the LP Custom copies do not say Gibson on the headstock, and they don't have a moustache top - it's rounded.

Best of luck - I'd love to see your work... take care

[David Schwab]

...and they don't have a moustache top - it's rounded.

That's where you missed the boat. Gibson can only go after you if you use the "open book" design for the headstock. Same is true of Fender. You can copy a Strat and sell it. Just don't copy the headstock. You have to draw the line between a guitar based on a Strat or LP and a counterfeit.

But the real question is why would you want to copy a guitar? Why not just paint Mono Lisas on the street corner or play other people's music and call it your own.

Just be original. You don't see Fender making LPs or Gibson making Teles. (The Gibson Hendrix model not withstanding)