alt Hacker NewsI think you're thinking of trademark, but this isn't a trademark claim, it's a copyright infringement claim. The legal question is whether the guitar shape can be copyrighted.
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PaulHoule • today at 12:29 AM
It seems like something you could get a design patent for but these are only good for 15 years.
That is the legal question FMIC think they have settled with this legal win, yes.
Two legal questions they will now be asked, by Thomann or LsL, are:
- if such a copyright could exist, what shape precisely are Fender arguing it would cover?
- if such a copyright could exist, would Fender (the company) have title to it?
Answering these questions could get them into some difficulty, legally. Neither are obvious and the second one is really problematic.