HAD is alive and well and policing ebay....

[Lcovemusic]

FYI

Maybe not new...but new to me....just had my VVT X-40 auction yanked due to referencing it as a "Dumble-style" amp....apparently coming from the man himself.

[M Fowler]

Probably some guy that doesn't even know HAD but thinks he should police the forums and websites.

Mark

[ChrisM]

Probably some goof from TGP who actually owns a 35K D-amp.

Well that's my guess

[Tonegeek]

That sucks! More eBay CYA. How are u supposed to describe anything without using references to establish a baseline? You might as well be advertizing "Object for sale". So if I sell a custom race car with a Ford motor in it they are going to pull my auction? Whats the difference between that and selling an amp you built yourself that has a brand x phase inverter circuit or brand y overdrive circuit. This is over the top. HAD's stuff isn't even patented to my knowledge. Does this mean we can't use phrases like "sounds like..." or "looks like..." or "based on'..." or "inspired by..." This kind of shit really gets me going because I am seeing the company I work for being completely stifled by endless audits, and out of control bureacracy all because someone might sue. We operate in audit paranoia mode all the time to where ideas and efficiency are severly impacted by the threat of some lawsuit. Considering that truly original ideas are very scarce, we are all building on ideas that came before us from people who built on some idea that came before them. Give me a break, its just a freaking amplifier. If ever I sell mine it is going to be advertized as a FenderMarshallDumbleHiwattODS50wattHRMBluesmaster. I will be ready to sue if my auction gets blocked

[Wayne]

Just to be safe, you better make it

FenderMarshallDumbleHiwattODS50wattHRMBluesmasterpatentpending



W

[Tubetastic]

Give me a break, its just a freaking amplifier. If ever I sell mine it is going to be advertized as a FenderMarshallDumbleHiwattODS50wattHRMBluesmaster. I will be ready to sue if my auction gets blocked

ha! Funny stuff!


Ebay have a policy called VerO :

-----------------------Ebay VeRO



...

[Tonegeek]

Right now there are 72 listings that come up on ebay when searching the word "Dumble". Even Peavey is referring to them (a frickin P-E-A-V-E-Y!): http://cgi.ebay.com/Peavey-USA-Masterpi ... 286.c0.m14

Are all these auctions illegal?

Of course Ceriatone ("Dumble Style" listed right in the title on some) comes up, Zendrive and POD, Fargen and others, so whats the big deal? Is a Zendrive really going to impact the sale of a real Dumble?

If someone wanted to sell their amp and mention it had a "Tonegeek" overdrive section, I would be overjoyed at the free advertizing! HAD should be happy about it...

[Structo]

It is strange what they pick and choose to pull from their site.

Perhaps if someone complains then they take a look at the item.

I know Fender has people dedicated to pulling auctions that say Fender or Stratocaster, etc in the title if it isn't an authentic Fender.

Do you have to pay the listing fees twice when they pull your item then re-list it?

I've bought quite a few things on ebay but have never sold anything.

I hear too many horror stories from people. But then again, there are people with thousands of transactions that never seem to have a problem.

I think ebay generally turns their head on the bigger power sellers.

Too much money to lose if they mess with those guys.

[M Fowler]

I was google searching different guitar tube amp builders and found many builders that openly refer to Dumble style even ODS and HRM and some were big name builders.

I would suspect some dink got to Ebay so they got all worried and no problem cutting off the little guy.

Mark

[talbany]

Retracted...After reading letter!!





T

[Chad]

You can use other terminology that signifies the circuit or D-Style HRM Skyliner..


Tony VVT

So if someone used those terms like HRM or Skyliner it wouldn't(Or shouldn't) be a problem ? Not that I have or plan on selling a D-Style amp, Not yet anyway.. Chad

[Lcovemusic]

I had heard from another ebayer at the beginning of the auction to expect it....that he had been hassled by HAD himself over old Dumble knobs he was selling...yes...actual Dumble knobs...

I sent an email to HAD this morning asking if he was really worried that my auction was going to in someway undermine his legacy.....I was kinda wise assed about it quite honestly, but serious too....and laid out some historical references about builders as well as musicians borrowing from one another, asking him what he thought.

Well...earlier this evening I heard from Willy Wonka himself:

"Mr. Edelman, (sic)
Using the DUMBLE name in your auction title allowed those people who are legitimately looking for a DUMBLE product to see your counterfeit. This violates my right of Trademark. The eBay rules for Misleading Title state that you can only list the brand of the items up at auction in the auction title. Including a second brand name in the title is not permissible, even as a comparative reference. You violated that eBay rule and infringed upon Trademark.
You do not have permission to use the DUMBLE name to satisfy your cupidity. You have no part in the DUMBLE community and do not have a right to reap benefits from this name. Your name is not DUMBLE.
As well, the counterfeiters and infringers aren't doing anything honorable or noble. They are stealing from me as sure as if they were burglarizing my home. These people are criminal and parasitic in their natures and don't deserve to be supported and/or encouraged. If they were indeed talented on their own, they wouldn't have to steal my designs and ideas.
In regards to the good and able people at Fender and Marshall, I'm in contact with them both on a regular basis. I am fortunate to enjoy their respect for the amplification products and designs of my manufacture. They also are abhorred about the piracy and counterfeiting of my amplifiers. So your entering into casuistry about what Fender and Marshall think about my amplifiers is indeed misguided.
I ask that you cease from using my name in any of your auctions. We are monitoring eBay on a daily basis and any auction that infringes Trademark will be shutdown.
This missive is sent to you as a courtesy, and will be the only and last communication to you. Please do not attempt to communicate with me further.
Signed,
H.A. Dumble"

You be the judge....if this did come from HAD, I'm glad he just made amps and didn't invent a cure for cancer or something like that...

[talbany]

So if someone used those terms like HRM or Skyliner it wouldn't(Or shouldn't) be a problem ? Not that I have or plan on selling a D-Style amp, Not yet anyway.. Chad

Sure!! They are not trademarked actual names.. D-Style away..

Using the DUMBLE name in your auction title allowed those people who are legitimately looking for a DUMBLE product to see your counterfeit.

I see where someone could get this confused with a real Dumble..

Tony VVT

[dave g]

It seems to me that it would be more worthwhile for HAD to spend his time building some more amps than to "police ebay on a daily basis"...

[ToneMerc]

[quote="Tonegeek" So if I sell a custom race car with a Ford motor in it they are going to pull my auction? Whats the difference between that and selling an amp you built yourself that has a brand x phase inverter circuit or brand y overdrive circuit. . I will be ready to sue if my auction gets blocked [/quote]

Talk apples to apples..........if you sell a homebuilt car calling it a Shelby AC 427 Cobra then there would be a problem if the owner had that has the phrase trademarked, didn't grant you permission to use it.

The issue at hand is trademark infridgement and "DUMBLE" as referenced to musical gear is trademarked. So unless eBay wants to risk being complicite in a trademark infridgement case, they are going to pull the ad.

So before you rag eBay, maybe you should contact HAD and tell him that you would like to challenge his registered trademark in court because you think the principle of intellectual property, copy and trademarks rights plain sucks. As a patent holding engineer, I don't fault anyone for enforcing their rights.


DUMBLE
Goods and Services IC 009. US 021 023 026 036 038. G & S: ELECTRICAL APPARATUS FOR USE WITH GUITARS AND OTHER SERVICES PURPOSES - NAMELY AMPLIFIERS, LOUDSPEAKERS, AND COMPONENTS AND ACCESSORIES FOR SUCH ELECTRICAL APPARATUS-NAMELY, AMPLIFIER CORDS, FOOT PEDAL CONTROLS, AMPLIFIER COVERS, AMPLIFIER VOLUME AND TONE CONTROLS, AND SPEAKER CABINETS. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19690000

IC 015. US 002 021 036. G & S: MUSICAL INSTRUMENTS - NAMELY ELECTRIC GUITARS, AND COMPONENTS AND ACCESSORIES FOR GUITARS - NAMELY NECKS, HEADS, BODIES, PICKUPS, PICKUP COVERS, PICKGUARDS, AND CUSTOM FINISHES. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19670000

Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 76366099
Filing Date February 4, 2002
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition July 20, 2004
Registration Number 2892356
Registration Date October 12, 2004
Owner (REGISTRANT) Dumble, Howard Alexander INDIVIDUAL UNITED STATES c/o xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE


TM