Vic wrote
I don't want to "quote" above for the sake of space taken up....
This is indeed very interesting Tokai SA. However this clearly illustrates and explains why the "Fender" body...tele, strat, or otherwise (which is by no means generic imho) is so widely copied over the years. Where has anyone in the 50's seen the bodyshape of a strat or tele...? Did Leo not patent these shapes? ??? ...very interesting indeed. :-\
Yup. The hearing was held on Novemvber 6, 2008 So more than 60 years it took them... and by then it was too late. I don't think the outcome can be disputed, even though those shapes are so obviously copies of Fender's original designs. Since the late sixties and early sevenies the market has been flooded with copies of those body shapes and because nobody objected and everybody used them, they have since become generic. The outcome imo rightly states
"that applicant has failed to establish that the configurations involved in the applications before us have acquired distinctiveness". You can't lay claim to a shape if everybody's been using it for ages.
Personally, I don't really mind the shapes that much. Especially when the maker puts his own name or logo on the heastock. It shows that, for good or bad, he stands by what he has produced. And besides, even if you buy a cheapy plywood copy or a boutique high end copy, it still pays tribute in a way to the original. What I do have a problem with is when makers try and sell copies with misleading names Gidson, Fester or Ebanez, and use the same font to try and copy the name or logo as much as possible without actually breaking any laws.