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legal help wanted! Got a cease and desist call from Dunlop!

Started by Speeddemon, March 21, 2005, 02:44:02 PM

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Speeddemon

March 21, 2005, 02:44:02 PM
Hi guys, I'm new here, but I've been around awhile on Harmony Central, PSW, Homerecording BBS and Sound on Sound.

Anyway, here's the story;
I'm based in Holland, I solder for a hobby and a small profit and make various TB, AB, ABC boxes and 2 effects; the MiG*Boost and since a short while the Myclone Amp.

Now the Myclone Amp I made it look exactly like an MXR Micro Amp (which it is a clone of, with some minor differences and enhancements).



Instead of MXR, I put in 'HWA', which stands for Hot Wire Audio, my 'one-man-show'.

I'm based in the Netherlands, but I just received a phone call from a representative of Dunlop, asking me politely to stop making the Myclone Amp with this look, 'to protect trademarks, blablabla...'.

Is this for real? I made 4 of those Myclone Amps and wasn't planning on making more than 10, all home made stuff!
Yet the big dog gives me a cease and desist.

Can anyone help me here? If I continue making them, will they sue me? Is that possible, since they're in the US and I'm in Europe?
Meanwhile @ TGP:
"I was especially put off by the religious banterings written inside the LDO pedal. I guess he felt it was necessary to thank God that someone payed $389 for his tubescreamer!"

ESPguitar

#1
March 21, 2005, 02:49:16 PM
Just wait for mlabee.. I'm sure he will help you.. (he's a patent lwayer or something)

As far as the products isn't exactly the same don't think they can do anything!
Just my own "thoughts"..

RB

StephenGiles

#2
March 21, 2005, 02:50:15 PM
I would bin it and forget about it.
Stephen
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

mlabbee

#3
March 21, 2005, 02:55:55 PM
QuoteNow the Myclone Amp I made it look exactly like an MXR Micro Amp (which it is a clone of, with some minor differences and enhancements).

That's pretty much the key - basically, you are using the look of their products to sell yours.   And in order to protect their "trade dress," they need to enforce their rights against anyone who copies their look.

Basically, they're right - you should change the layout of your micro amp so that it doesn't look like the MXR one.   Can they sue you?  Yes - I suspect they have their rights registered everywhere. Could they win?  Probably. Will they actually do it?  I'd be surprised, but why tempt fate.

Just move things around and put a disclaimer on your ads that state that you are not associated with or endorsed by MXR or Dunlop.

Hal

#4
March 21, 2005, 02:57:09 PM
how did/could they find out about it?  4 of them?

ESPguitar

#5
March 21, 2005, 03:01:48 PM
Quote from: Halhow did/could they find out about it?  4 of them?

Clone-Sensors..
:lol:

Speeddemon

#6
March 21, 2005, 03:09:32 PM
some jerk reported to them.

Hey Mlabbee, could I still use the ivory color and black knob, and just scrap the HWA thing and substitute some fonts?
Meanwhile @ TGP:
"I was especially put off by the religious banterings written inside the LDO pedal. I guess he felt it was necessary to thank God that someone payed $389 for his tubescreamer!"

mikeb

#7
March 21, 2005, 03:11:48 PM
If it's really only 6 more, then make them and sell them. Seems to me they're taking a reasonable approach though - calling you instead of sending threatening letters (which would be the next step), talking politely; and seeing as you are in the wrong (IMHO), I'm not sure what the problem is?

Mike

mikeb

#8
March 21, 2005, 03:13:33 PM
Quote from: Speeddemonsome jerk reported to them.

Somehow I think your attitude would be different if it happened to be one of YOUR pedals that someone else was selling likenesses of; you gotta think of it from there point of view. One infringement or ten thousand, it doesn't really matter; what matters to them is that it happened in the first place.

Mike

Speeddemon

#9
March 21, 2005, 03:22:41 PM
@Mikeb;
well the thing is; I'm pretty low-key; a DIY-er from the Netherlands that makes a handful of pedals.
Meanwhile @ TGP:
"I was especially put off by the religious banterings written inside the LDO pedal. I guess he felt it was necessary to thank God that someone payed $389 for his tubescreamer!"

ESPguitar

#10
March 21, 2005, 03:26:08 PM
Quote from: Speeddemon@Mikeb;
well the thing is; I'm pretty low-key; a DIY-er from the Netherlands that makes a handful of pedals.

Yeah, a really big threat to em'..
:D

R.G.

#11
March 21, 2005, 03:30:31 PM
Welcome to the real world of intellectual property rights, folks.
R.G.

In response to the questions in the forum - PCB Layout for Musical Effects is available from The Book Patch. Search "PCB Layout" and it ought to appear.

Speeddemon

#12
March 21, 2005, 03:34:10 PM
R.G., my question is more: WHAT exactly is the property here?
I mean, I didn't use the MXR logo, I didn't use the 'Micro Amp' name, it just looks similar. AFAIK they can't trademark words like 'gain', output and input, and HWA is MY property!

So I'm thinking; as long as Dunlop/MXR hasn't patented the LOOK of the pedal, they don't have a leg to stand on, or am I wrong?

And I'm DEFINITELY not hurting their sales numbers with 4 @#$%in' pedals, eh?!  :roll:  :wink:
Meanwhile @ TGP:
"I was especially put off by the religious banterings written inside the LDO pedal. I guess he felt it was necessary to thank God that someone payed $389 for his tubescreamer!"

StephenGiles

#13
March 21, 2005, 03:35:41 PM
Come on, it's art surely!!
Stephen
"I want my meat burned, like St Joan. Bring me pickles and vicious mustards to pierce the tongue like Cardigan's Lancers.".

seanm

#14
March 21, 2005, 03:37:20 PM
Is it really important that it look like a microamp? Change the colour. Move the input and output labels to the sides. Use a different knob. Then they will probably be happy.

Narcosynthesis

#15
March 21, 2005, 03:39:09 PM
their problem is the fact it is based to look like a MXR microamp, same layout, colours, and a suspiciously MXR like logo

i say change it to a script font logo  :wink:

David

ESPguitar

#16
March 21, 2005, 03:40:33 PM
Quote from: SpeeddemonR.G., my question is more: WHAT exactly is the property here?
I mean, I didn't use the MXR logo, I didn't use the 'Micro Amp' name, it just looks similar. AFAIK they can't trademark words like 'gain', output and input, and HWA is MY property!

So I'm thinking; as long as Dunlop/MXR hasn't patented the LOOK of the pedal, they don't have a leg to stand on, or am I wrong?

And I'm DEFINITELY not hurting their sales numbers with 4 @#$%in' pedals, eh?!  :roll:  :wink:

They're big and a lot of force in the market.. You're just a mouse for them..

I wouldn't bother with what they say..

If they can trademark Tone, Volum And Drive i can trademark The Dallas Rangemaster.. I guess :lol:

What about redraw the logo?
That's the only thing..

RB

cd

#17
March 21, 2005, 03:41:48 PM
Derivative work.  All of this is pretty much covered on GEO and AMZ.  For example you can't take a Coke can, change the letter C to a T and start selling a different cola in it.  You started with the actual MXR Microamp and changed a couple of things around - big no no.

If you don't want any hassles, just start with your own graphic design from scratch and go from there.

MartyMart

#18
March 21, 2005, 03:42:30 PM
The issue is "as stated" you have stolen the "look" and that's enough, well more than the circuit, which,  by the time you've "changed" the layout and parts a bit, there is NO  WAY they can get you on that one.
The Logo/look will be trade marked and protected, so be careful !!
Just make them NOT look like an MXR and you'll be fine and dandy  :D
Knob shape/colour will not be an issue, its the "MXR"  block logo and border that is not on .... !


Marty. 8)
"Success is the ability to go from one failure to another with no loss of enthusiasm"
My Website www.martinlister.com

Speeddemon

#19
March 21, 2005, 03:42:54 PM
how you guys like this look:


C.A.D. stands ofcourse for Cease and...

or %^&*suckers At Dunlop.  :lol:

I dunno, I found this Micro Amp schematic, changed it a tiny bit (bigger input cap, different output resistor, different opamp) and I never heard a Micro Amp, so I decided to build one and make it look like the real deal. It turned out great and got 2 buyers for it immediately.

Another question;
What about cloning the look of pedals that aren't made anymore?
Meanwhile @ TGP:
"I was especially put off by the religious banterings written inside the LDO pedal. I guess he felt it was necessary to thank God that someone payed $389 for his tubescreamer!"
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