Trademark Infringement

[Blinkie]

Geeze

Are you guys passionate about this or what?

[Structo]

yeah

[FUCHSAUDIO]

Problem with trademarks (like patents) is you have to defend them, keep them active, and that's not always easy. I've been through a few, and they can get costly, especially if an attorney is involved.

Many of the Trainwrecks product names (in one incarnation or another) have been used (most examples shown in this thread), with NOBODY confronting anyone about it from the Fischer family. If you don't say to someone "it's MY mark and you cannot use it", eventually the quality and strength of the mark becomes diluted.

Look at the opposite effect: Les Paul Custom, Les Paul Jr, Les Paul Deluxe, and so forth. Makes the mark stronger. Rocket, Express, the word Train, whatever, all well diluted. Trainwreck as a company name, well, they are trying to make it come alive with these sanctioned clones, time will tell if they succeed, or simply sell the mark and walk away.

[selloutrr]

It's going to take more then a website and a few postings in forums to save face. The company has been neglected left to wonder for to long. If the Family had any business sense they would have set goals and marketing in place to establish the company and full rights to the products when the estate began. The basic root of the names are free use as well as the circuits. They don't really have much left now, the one thing they did have going for them "no one can make a trainwreck but Ken (period)". Well they proved themselves wrong, not a smart business move I my eyes, They could have tactifully presented the authorized clones in a better way, but they chose to discredit the backbone of what they preached. All that created was physical proof clones can be as good as a legit Trainwreck. Which raises an eyebrow to the $5k price tag for a $700 amp.
I don't want to see the legacy of a wonderful amplifier and designer/tech become a mass production off shore product. Though I have a feeling it's not going to be long before it happens.

[dartanion]

I think that Randall Smith might object to Trainwreck using the name "Express" as Mesa has that name Trademarked.

http://mesaboogie.com/Trademarks/Trademarks.htm

Pot, meet kettle

[marcoloco961]

I think that Randall Smith might object to Trainwreck using the name "Express" as Mesa has that name Trademarked.

http://mesaboogie.com/Trademarks/Trademarks.htm

Pot, meet kettle

Well played.

[FYL]

I think that Randall Smith might object to Trainwreck using the name "Express" as Mesa has that name Trademarked.

Randall Smith is well known for his creative methods when it comes to trademarks and patents. Most aren't enforceable and are worth less than the paper they're printed on.

[dartanion]

I think that Randall Smith might object to Trainwreck using the name "Express" as Mesa has that name Trademarked.

Randall Smith is well known for his creative methods when it comes to trademarks and patents. Most aren't enforceable and are worth less than the paper they're printed on.

True; however Randall has the resources to steamroll anyone in his path. He is famous for also suing the pants off folks who infringe on his patents and trademarks. He certainly could squash the Fischer family like an ant. Not far fetched at all.

[FYL]

True; however Randall has the resources to steamroll anyone in his path. He is famous for also suing the pants off folks who infringe on his patents and trademarks.

Better sound thru litigation. From the Amar G. Bose School of Business.

Wonder why he hasn't already hit Uli Behringer for his line of Mesa clones...

[VacuumVoodoo]

Better sound thru litigation. From the Amar G. Bose School of Business.

Wonder why he hasn't already hit Uli Behringer for his line of Mesa clones...

Uli has a lot more money than R.S. and can afford better lawyers. He is also known for settling disputes quickly out of court. Just like IKEA did with designers they plagiarized.

[FYL]

Uli has a lot more money than R.S. and can afford better lawyers.

He is also known for settling disputes quickly out of court.

Sometimes, not always. Last documented case was vs. Roland Corporation in '06.

[Dr-Joned]

When did the Mesa Express come out? When was the TW Express introduced? I think RS was trampling on infringement rights ! From what I have heard, TW would have copyright rights to the name Express simply from the product being on the market.

[dartanion]

When did the Mesa Express come out? When was the TW Express introduced? I think RS was trampling on infringement rights ! From what I have heard, TW would have copyright rights to the name Express simply from the product being on the market.

They would if they registered the TM, or had the resources to fight the granting of the TM to Mesa. TM was issued to Mesa, so it would be up to the Fischer family to prove that Ken had used the name in commerce first, which would be quite expensive. Even if they had registered the name, it is up to the holder to protect their legal right to the name.

[TheGimp]

The term Express goes back probably a hundred years.

577 Nitro Express - 1898 Holland and Holland Great Britan.

Kind of hard to trademark a single word without applying it to a specific product. Even then it is difficult to defend unless you have deep pockets.

[TheGimp]

I think that Randall Smith might object to Trainwreck using the name "Express" as Mesa has that name Trademarked.

http://mesaboogie.com/Trademarks/Trademarks.htm

Pot, meet kettle

Differential Feedback Amplifier - Ha..ha..ha..... that one cracks me up.

I think the Air Force has the F series.