My wife is useless....

Ghostman

Ghostman

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...in this topic.

New pending legal action on behalf of Fortin Amps, a lawyer sent a cease and desist letter to a Ukrainian pedal builder to stop using the name "Evil Pumpkin," as Fortin has the name trademarked in the US.

I told my wife this and she just sat there blinking....

Zc3QcQh.gif


I'm not one for lawsuits, but this seems like a pretty straight forward issue. If you're going to sell stuff, you gotta be aware of trademarks regardless of country. The articles I've read about it talk about "David vs. Goliath." but in this case it's like Snail vs. Frog. Fortin is no "Goliath" by any means.
 
KDH has a pretty interesting run-down on this:

KDH does a good job of trying to see both sides of this.

This trademark issue is a little more nuanced. It will be interesting to see how this plays out.

 
It's more cut and dry than he speculates. It comes down to trademark law. Fortin holds the trademark, and another company is trying to sell products within the same market with the trademarked name.

To me it feels like the AMC guy is being bull-headed and just saying, "FU! It's Mine!" Even going as far as trying to say he's not selling in the US, but their own Reverb page clearly shows selling direct to US customers. It's the same argument that pirated gear from China can't be sold in the US regardless of who's paying the import duties. You buy a Chibson off of Alibaba and if it's caught at the border, you lose your $50 Les Paul.
 
Ghostman said:
It's more cut and dry than he speculates.
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You may be right. We'll see.

One potential solution would be to simply use a different name for those units that are to be sold in the US.

Yamaha had to do this with their SBG series of guitars. They originally came out as the "SG" series, but could not be sold in the US that way due to the obvious conflict with the Gibson SG. So, Yamaha slightly modified the name to "SBG" (Solid Body Guitar) for the US market, but continued to sell them as the "SG" (Solid Guitar) elsewhere.

AMC could potentially do this with the Evil Pumpkin pedal.
 
The real question to me: why would anyone/company fight for such a stupid name? Evil Pumpkin? That name alone is enough to keep me from looking twice.
 
Ghostman said:
...in this topic.

New pending legal action on behalf of Fortin Amps, a lawyer sent a cease and desist letter to a Ukrainian pedal builder to stop using the name "Evil Pumpkin," as Fortin has the name trademarked in the US.

I told my wife this and she just sat there blinking....

Zc3QcQh.gif


I'm not one for lawsuits, but this seems like a pretty straight forward issue. If you're going to sell stuff, you gotta be aware of trademarks regardless of country. The articles I've read about it talk about "David vs. Goliath." but in this case it's like Snail vs. Frog. Fortin is no "Goliath" by any means.
Click to expand...
OK
Well I'll call Milton Keynes and ask Marshall Amplification Limited to write a letter to Fortin:

Cease and Desist!
"Stop copying the Marshall Amp Cabinet / Marshall Amplification Face Plate Form Factor, it's similarity causes obvious brand confusion."

Be sure to PM that lawyer's address to me, so that Marshall Amplification can send the cease and desist letter to the correct sue-happy (turd monger) Fortin attorney.
:pound-hand: :pound-hand:
All I wanna do is see that guy's face when he reads the letter.
Touche -Turnabout is fair play, my brother.
 
smitty_p said:
You may be right. We'll see.

One potential solution would be to simply use a different name for those units that are to be sold in the US.

Yamaha had to do this with their venerable SBG series of guitars. They originally came out as the "SG" series, but could not be sold in the US that way due to the obvious conflict with the Gibson SG. So, Yamaha slightly modified the name to "SBG" (Solid Body Guitar) for the US market. But, continued to sell them as the "SG" (Solid Guitar) elsewhere.

AMC could potentially do this with the Evil Pumpkin pedal.
Click to expand...
Yeah I think Fortin can use a different cabinet design and a different face plate too....from now on.
 
gball said:
The real question to me: why would anyone/company fight for such a stupid name? Evil Pumpkin? That name alone is enough to keep me from looking twice.
Click to expand...
Well the guitar world is rife with stupid names. **Friedman enters the room**
 
gball said:
I always liked 'Pink Taco' because I love that restaurant.
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I was down in Texas at one point, can't remember if it was Dallas or Houston, and working on a job. We ended up at the Pink Taco one night for late dinner and my wife, out of the blue, decides to check on "Find my Friends" and see where I was at. Not the easiest name to explain to a wondering wife.

fTLQ3es.gif


I had to Facetime the place and the group I was with to end the argument.
 
Ghostman said:
It's more cut and dry than he speculates. It comes down to trademark law. Fortin holds the trademark, and another company is trying to sell products within the same market with the trademarked name.

To me it feels like the AMC guy is being bull-headed and just saying, "FU! It's Mine!" Even going as far as trying to say he's not selling in the US, but their own Reverb page clearly shows selling direct to US customers. It's the same argument that pirated gear from China can't be sold in the US regardless of who's paying the import duties. You buy a Chibson off of Alibaba and if it's caught at the border, you lose your $50 Les Paul.
Click to expand...
What moron would buy a chibson special kind of stupid can't sell it anybody with the sense God gave chickens can spot a fake a mile away
When I got my Mayones guitar they asked me not to post the serial number online due to China counterfeit's
 
67plexi said:
What moron would buy a chibson special kind of stupid can't sell it anybody with the sense God gave chickens can spot a fake a mile away
When I got my Mayones guitar they asked me not to post the serial number online due to China counterfeit's
Click to expand...
Did they include mustard with that Mayonnaise?
 
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