Trademark Infringement

[M Fowler]

Justsaymo

Thanks for the reply on the Songwriter, is this an amp that may go into production?

Was John Mark really a good close friend and associate of Ken's? I have heard it both ways from people in the know, which by the way isn't me. I never had the chance to know Ken and never heard of Trainwreck until around 2008.

There is a lot of respect for Ken on this site, and the pioneers of this forum endured a lot of crap from both the family and others, wrongfully I will add. Also, the people on this forum are here to build amps, share ideas, personal builds and we love Trainwreck amps.

I have been on this forum for a few years and it is a fantastic forum and we all share a common passion for building our own amps.

Every so often a family member or friend stops by trying to threaten or upset us so I do want to echo what was previously said

please, don't come here and tell us what to do in our independent place of relaxation

And echo this one as well:

The general consensus here is that Ken did NOT make boatloads of cash off selling his amps, so where the hell did you get that story from?

Mark

[Justsaymo]

Ok...first off...I made a general statement about the trademark. Who specifically did I accuse? A lot of people who do not even post on this site come here for tech info. Other builders read posts here. Why do you take this info as a threat? It is not my intention to stir up personal animosities. Second of all, there are people out there who have been made to feel they are not friends of the family when indeed they are. The family has been overrun with things that needed handling after Ken's death and other family tragedies. My time is just a little bit more free now and that is why I am posting now. If anyone feels there is something they want clarified or illuminated, I will discuss it privately.

[Cliff Schecht]

Something that you haven't done is name specific people, which shows at least some tact on your part. The fact that you made some accusations at all definitely hit some people the wrong way. I must compliment your staying composed so far and not taking everything here personally though. There is a lot of animosity with some people towards the whole TW trademark. It seems as if the whole cloning situation has been settled though, which is really all most of us are trying to do here. We may sell an amp as an Express, but again I don't know of a single person that actually has used the TW logo to make a huge profit. We wouldn't approve of something like that anyways.

At some point we are going to have to get over the fact that some bad juju happened between us cloners and the Fishers. Has the dust not settled on the whole cloning issue? The whole new TW debate about them being "real" TW's will probably always be debated, but the amps should be able to speak for themselves at some point. Maybe we will eventually get some A/B tests to compare real Wrecks with the new Wrecks and settle the issue, at least somewhat, once and for all..

In other words, let's keep it civil. If you guys have some bones to pick, you should probably do it privately so we can actually benefit from having a member of the Fisher family on our forums. Mark is already prying for info on the Songwriter, for example .

[Allynmey]

No Threat?

I suggest that anyone including the name Trainwreck as part of their own products name immediately rename their product.

Justsaymo=Mona I guess I should have seen that immediately!

Mona, I think you would be received better if you just stated who you are and asked for help from the community. No one on this site sell TW clones with logos or tries to pass clones off as real that I know about. If you wanted help you should have asked for help. Instead, you approach us in the fashion we have become accustomed to from "The Family" et al.

May I suggest this approach....

"Hi all, This is Mona (Ken's Sister). I would like to ask for your help in stopping people from misusing Ken's name and TM. We (the family) know the respect and admiration this forum had for Ken and his amps. Any help you could give us would be appreciated. Thank you. Mona"

Feel free to cut and paste this in a new post. Have a nice day!

[Justsaymo]

Justsaymo

Was John Mark really a good close friend and associate of Ken's? I have heard it both ways from people in the know...

I first met John Mark before Trainwreck when Ken was doing repairs. I was in my mom's kitchen, on the phone, when I heard some incredible guitar rifts coming from downstairs. Remember, I grew up in a house with constant musicians {many of whom became famous later}, and stacks of every type of equipment. John was one of the handful of people to get the first custom amps from Ken. He is an extremely fast player. The reason Ken used him to help voice amps was because Ken liked to listen "between the notes". He figured if it was clean when John Mark played, it would be clean for everyone because they could not play nearly as fast. He was also one of two people who sometimes helped Ken build....mostly wiring. The reason Ken did not use him all the time is that Ken was faster and labor added cost to the amp. However, he loved John's work. John also helped with assorted other tasks in the shop. He is an awesome guitar player, has good ears and is a genuinely nice guy.

[FYL]

OK....The trademark WAS renewed and is carefully watched.

From the USPTO:

"Word Mark TRAINWRECK

Goods and Services IC 009. US 021 023 026 036 038. G & S: musical instrument amplifiers, [ musical instrument speakers, ] power attenuators and electronic tremolo apparatus.

FIRST USE: 19820311.
FIRST USE IN COMMERCE: 19830101

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 24.09.07 - Advertising, banners; Banners

Serial Number 75432918
Filing Date February 12, 1998
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March 9, 1999
Registration Number 2249277
Registration Date June 1, 1999

Owner (REGISTRANT) Fischer, Kenneth INDIVIDUAL UNITED STATES 59 Preston Road Colonia NEW JERSEY 070672420

(LAST LISTED OWNER) FISCHER, SCOTT ALAN INDIVIDUAL UNITED STATES xxxxxxxxxxxxxxx SANTA FE NEW MEXICO 87501

(LAST LISTED OWNER) FISCHER, MONA INDIVIDUAL UNITED STATES xxxxxxxxxxxxxxx SANTA FE NEW MEXICO 87501

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Stephen L. Baker

Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20090520.
Renewal 1ST RENEWAL 20090520
Live/Dead Indicator LIVE"

http://tess2.uspto.gov/bin/showfield?f= ... khc4s.2.10
(USPTO links don't usually work, you may do a search on #2249277, the initial registration number)

Edit : removed addresses

[M Fowler]

Justsaymo

Nice to hear about John Mark and what your family setting was like.

My wife is working on having me put up sound panels so she doesn't have to listen to my amp testing all the time and I like to crank the volume up.

Rumors, rumors and more rumors Trainwreck is still building amps correct or was the idea to go through the old waiting list of Ken's and if they still wanted a TW that would be built plus some additional new sales?
I have heard that TW is done building amps?

Mark

[funkmeblue]

not to get off subject here.......67plexi says he has 3700 pages of Ken's work. Could you imagine what could be learned from all that.

[Cliff Schecht]

not to get off subject here.......67plexi says he has 3700 pages of Ken's work. Could you imagine what could be learned from all that.

I really hope that some of these notes could be furnished into some sort of book or something eventually. I would gladly pay big $$$ to own a copy of those notes..

[selloutrr]

just image the phone bill sending all those pages.

[67plexi]

I did not say I have the 3700 pages of information but I know who has it.
I made a deal with Ken never to sell the TW inspired amps I have 3-express
and 2-rockets. I have since moved on to the Dumble side of things as far as amp building.

Take care, Steve.

[funkmeblue]

I'm just saying......it would be the guitar amp "bible"......

[Cliff Schecht]

I did not say I have the 3700 pages of information but I know who has it.
I made a deal with Ken never to sell the TW inspired amps I have 3-express
and 2-rockets. I have since moved on to the Dumble side of things as far as amp building.

Take care, Steve.

Still, I'll bet there is a wealth of information in there. I'd hate to see Ken's undoubtedly extensive research and information never get used again. That kind of experience-based information is not easy to come by. I doubt Ken would have a problem with his notes being used to help further innovations in new tube designs. Unfortunately it's not us that the family has to worry about, it's the guys that will use such information to profit off of Ken's name and hard work without giving any credit or money where it is due. It's a shame, I'd love to read through those notes someday.

[selloutrr]

I agree and disagree.

I don't what the information to profit a few, but I'm not sure I want it profit the family. No offense but you were legally given the trust not the knowledge to understand what it is you are holding. Which is why I think you (family) have acted the way you have.

I'd like to see the profit go to something worth while like a music program in schools.

I'm sure the pages could be assembled as a book or tech notes and the information trademarked to a point that if the ideas are taken it can follow legal action. but seriously i'm so tired of how quick americans are to take legal action, I sware it's it's the new get rich dot.com. When in truth the only people that ever make $ are the lawyers.

[steviea55]

HI Mo, First off Thank you for posting on the Forum. I understand your concerns, and I promise I will never place a "Trainwreck" logo on any amp I ever build. I respect and admire all the work your brother did. I have studied this work for years and it has helped me be able to do what I love( Make really good music) I really do in my heart believe that Ken would want us (The Amp Garage Forum) to continue to research and develope his ideas. After all he did publish many of these ideas and incourage us. We all love, admire and respect your family. Please continue to post.