Results 1 to 8 of 8

Thread: This is not a for sale ad, but check this out...

  1. #1
    Senior Member RedGuitars's Avatar
    Join Date
    Apr 2012
    Location
    DFW
    Posts
    798

    This is not a for sale ad, but check this out...

    Not mine - on TGP...

    Sims custom shop Shredder? looks like PRS counterfeit birds to me!

    http://www.thegearpage.net/board/sho....php?t=1454379



    ___________
    Mike Cantrell

  2. #2
    Senior Member themike's Avatar
    Join Date
    Apr 2012
    Posts
    1,976
    Yeah but Sims is a customshop/builder so since its not a production model, I doubt much can be done. If he was running them off and advertising them I'd say it would be a big issue for sure. Still an area with shades of gray though, that's for sure.

    I guess sometimes you just want something PRS doesn't make in core. Like Matt has a KXK which looks like a 7 string semi hollow PRS that is simply stunning and if PRS made a version of it I would own one.

    Paul Reed Smith 7 - S t r i n g A c t i v i s t | Fueled by P T C

  3. #3
    Quote Originally Posted by themike View Post
    Yeah but Sims is a customshop/builder so since its not a production model, I doubt much can be done. If he was running them off and advertising them I'd say it would be a big issue for sure.
    The use of the birds would most likely be held to be a trademark violation regardless of custom build, if it were to ever go to court. There are state and federal trademark laws that would still apply.

    There isn't a federal court that has ever decided otherwise regarding a registered trademark, which the birds certainly are.
    I saw ten thousand talkers whose tongues were all broken...

    Website: http://www.elfxi.com

  4. #4
    Senior Member sergiodeblanc's Avatar
    Join Date
    Apr 2012
    Location
    Downers Grove Il.
    Posts
    8,043
    Looks like one of those M.I.C. knock-off necks (from the pic).

  5. #5
    Senior Member watelessness's Avatar
    Join Date
    Apr 2012
    Posts
    1,134
    Quote Originally Posted by LSchefman View Post
    The use of the birds would most likely be held to be a trademark violation regardless of custom build, if it were to ever go to court. There are state and federal trademark laws that would still apply.

    There isn't a federal court that has ever decided otherwise regarding a registered trademark, which the birds certainly are.
    didn't the birds originate in bird book?
    (513 x 2 / McShootout / DGT / DC 245 Ted / DC22 / Santana / Cu22 Rosewood / 408 Standard / SAS / Mira korina / HBII / SE Angelus Custom / SE Mushok) >> {Archon 100, Archon 25, C, H, Dallas}

  6. #6
    Senior Member shinksma's Avatar
    Join Date
    Mar 2014
    Posts
    1,034
    Quote Originally Posted by watelessness View Post
    didn't the birds originate in bird book?
    I believe that is what I read. But that doesn't mean PRS can't claim the silhouettes are their own design, or at least their own trademark when those shapes are applied to a guitar neck in that particular fashion. If the bird-book author/publisher hasn't claimed infringement of their own copyright by PRS using the silhouettes, then either they decided it wasn't close enough to bother with, or didn't think PRS was important enough to pursue. Either way, at this stage, it would probably be too late to make a claim - if you don't pursue infringements within a reasonable amount of time from their public occurrence, I believe the courts would say "too late, horse has already left the barn!"

    Claiming something and proving it in a court of law are two different things, though, and often expensive for both parties to go to court. Which is why stuff often gets settled via lawyer letters and "fees/licenses".

    IMHO, IANAL, YMMV, etc.

  7. #7
    Occasionally Onery Member CantankerousCarl's Avatar
    Join Date
    Apr 2012
    Posts
    1,129
    That looks like a BM SE neck grafted onto an ESP or Schecter...interesting...

    Quote Originally Posted by RedGuitars View Post
    Not mine - on TGP...

    Sims custom shop Shredder? looks like PRS counterfeit birds to me!

    http://www.thegearpage.net/board/sho....php?t=1454379



    1990, 91, & 92 CE24s | 1991 CU24 | 2000 CU22 Semi-Hollow | 2004 & 05 SE EGs
    2008 SE Semi-Hollow Soapbar | 2011 CU24 GC Throwback | 2012 Signature Limited x2
    2013 408 Brazilian | 2013 Paul's Guitar | 2013 Hollowbody II | 2013 CU24
    2013 XPRS 408 Semi-Hollow | 2014 CU24 Semi-Hollow | 2015 S2 Vela

  8. #8
    Bobble Head Moderator JMintzer's Avatar
    Join Date
    Apr 2012
    Location
    Potomac, MD
    Posts
    1,590
    The birds are most certainly trademarked. The fact that they originated in a birdwatching book matters not...
    ---Jamie---

    My Gear

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •