DiMarzio wins double cream trademark battle

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Offline buddroyce

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DiMarzio wins double cream trademark battle
« on: May 27, 2021, 04:44:23 PM »
I know it's a highly contested topic of debate as it's something non-DiMarzio users typically have against the company but apparently DiMarzio had a 4 year legal battle over the trademark double cream humbucker design and won!

While I personally do sometimes wish I could get a double cream humbucker from another company, as a business owner in the world of entertainment, I'm very happy for Larry DiMarzio and DiMarzio Inc. in general for successfully defending their Intellectual Property.

Here's the press release if you haven't seen it:

https://d2emr0qhzqfj88.cloudfront.net/s3fs-public/2021-05/DiMarzio_DoubleCreamTrademark_0.pdf
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Offline darkbluemurder

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Re: DiMarzio wins double cream trademark battle
« Reply #1 on: May 28, 2021, 03:01:24 AM »
Thanks Budd for posting this.

Even though it is not a court verdict it still poses a victory for DiMarzio as nobody in his/her right mind would retreat from a lawsuit unless one came to the conclusion that chances of success are not good.

Cheers Stephan
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Offline mmmguitar

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Re: DiMarzio wins double cream trademark battle
« Reply #2 on: May 28, 2021, 06:12:36 AM »
Nice patent trolling, Larry.

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Offline darkbluemurder

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Re: DiMarzio wins double cream trademark battle
« Reply #3 on: May 28, 2021, 01:33:21 PM »
Patent = intellectual property right for a technical invention
Trademark = intellectual property right for a recognizable sign, design or expression

Double cream is a trademark, not a patent. 
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Offline mmmguitar

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Re: DiMarzio wins double cream trademark battle
« Reply #4 on: May 29, 2021, 01:16:09 AM »
I was being flippant/facetious, and “patent troll” gets thrown around often where it doesn’t apply.

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Offline buddroyce

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Re: DiMarzio wins double cream trademark battle
« Reply #5 on: May 29, 2021, 08:35:25 PM »
I'm not too sure if Patent Troll is fully applicable here. It would make sense if DiMarzio was trying to sue companies for an aged double white humbucker claiming a trademark/patent infringement but in this case, it's the other way around with someone else trolling DiMarzio.

I know that running this forum, I probably sound a bit biased but having done the whole legal trademark thing myself for one of my businesses, it is sadly one of the necessary evils of business in the modern world. Although I do understand that it does suck for everyone looking to get a double cream humbucker as it's not just as easy as just selecting it as an option, I honestly think it was a business great move by Larry DiMarzio to trademark the double cream humbucker the same way Pepto-Bismol trademarked their famous pink drink.
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Offline 5150

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Re: DiMarzio wins double cream trademark battle
« Reply #6 on: May 29, 2021, 08:40:59 PM »
Isn't the trademark only in the US or something?

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Offline buddroyce

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Re: DiMarzio wins double cream trademark battle
« Reply #7 on: May 29, 2021, 08:44:51 PM »
I'm not too sure but I do believe I've seen some pickup winders sell them. God knows you can easily get them from China cause they have no problem ripping off companies there.
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Offline RayBarbeeMusic

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Re: DiMarzio wins double cream trademark battle
« Reply #8 on: May 30, 2021, 09:55:48 PM »
Isn't the trademark only in the US or something?

BKP has no issues doing double cream, so apparently it's either only US or too difficult to enforce elsewhere.

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Offline buddroyce

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Re: DiMarzio wins double cream trademark battle
« Reply #9 on: June 01, 2021, 07:56:37 PM »
BKP has no issues doing double cream, so apparently it's either only US or too difficult to enforce elsewhere.

I guess the trademark is US only then. I doubt the folks at BKP would want to deal with the potential legal issues if the trademark extended over there.
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Offline Guitar74

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Re: DiMarzio wins double cream trademark battle
« Reply #10 on: June 21, 2021, 04:11:10 PM »
Looking back at the ads from when DiMarzio was a fledgling company, it is more than apparent that the double cream wasn't just a color choice, but more of a way to identify a DiMarzio pickup from everything else at the time. I get why Larry trademarked double cream. It was brand recognition. Although there are a myriad of choices out there, I still identify double rows of allen screws and a double cream bobbin finish as "DiMarzio". I think all of the whiners that I see might want to do a little research before spewing the garbage I have read in favor of the "internet slagging" about something that, especially at the time that DiMarzio first went to market, was one of the main identifiers of their product. The fact that it seems that every so often some "patent lawyer" wants to challenge this as their "I'm gonna stick it to the man at $200/hr (never mind that people like this are also "the man")" hill to die on speaks volumes about litigation in this country.
If you're having one of those days where everyone is on your case and is just getting on your nerves, it's probably not everyone else