Ed Roman now copies the Demon and War Angel

[Jacksons Shred]

:ROTF: Bwahahahaha! Well, let me recall what I said to him at the time: I think it was something like "A bunch of guys wanted me to give you this message" So I didn't mention JCF, although word may have got to him later. Better to disavow all knowledge in this case, bud!

Whenever Ed's name pops up, I always read something about "See if he remembers RacerX". What the hell did you do? Consider me a little girl but I'm nosey as hell on this matter.

[Davey]

Whenever Ed's name pops up, I always read something about "See if he remembers RacerX". What the hell did you do? Consider me a little girl but I'm nosey as hell on this matter.

he kicked him in the ass

[RacerX]

Damn I wish that thread survived form the switchover...

[Newc]

Well, if I'm screwed out of a Copyright, at least I know he is too:

http://www.copyright.gov/register/va-useful.html

Copyright in a work that portrays a useful article extends only to the artistic expression of the author of the pictorial, graphic, or sculptural work. It does not extend to the design of the article that is portrayed. For example, a drawing or photograph of an automobile or a dress design may be copyrighted, but that does not give the artist or photographer the exclusive right to make automobiles or dresses of the same design.

Unless I'm reading that wrong? I understand that drawing or photographing a work deemed a "useful article" (which I would take to mean "something that has an actual function beyond being something to look at") does not grant the illustrator or photographer exclusive claim to the item depicted (specifically, just because I created the mockup of the WarAngel doesn't mean I can claim exclusivity to the body design), however, is "sculpting" in this case relative to "creation of the end-result item"?

I mean, the guitar was carved from wood, not stamped from a blanking mold, so technically it could be classified as a "sculpture" (since wood is an acceptable medium for "sculptures").

Or is "sculpture" in this instance limited to being equal to a drawing/illustration and/or photograph?


Who'da thunk the Government would be of little to no help?



He also can't claim a Patent on it, according to an article I found on the Patent and Trademark Office site, where Driskill Guitars was denied for being too similar to a PRS and therefore the shape (which is noticeably different than the PRS shape) in and of itself cannot be a factor, but they were looking more at market saturation (of which he had none, or at least less than 5 years, as cited specifically in the Final Ruling).


I do wish JCMI would step in and file whatever claim needs to be filed to lock this body design to JCMI only. They've done this sort of thing before with their designs, surely. They would know what forms to file and how to word things and what materials to include (i.e. a "working model", template designs, etc). Hell I'll even send them the body of mine if it'll speed things up, but I do NOT want to see Ed Roman hand his ripoff to one of the many stars he hob-knobs with (like Zakk Wylde) and then see that same star in GW posing with the Ed Roman Lobotomizer, which would drive buyers to him instead of to Jackson where they belong.

[Flatpicker]

Wrong.
This pulled from the FMIC website -
************************************************** ****

FENDER®, STRATOCASTER®, STRAT®, TELECASTER®, TELE®, P BASS®, PRECISION BASS®, and the distinctive headstock and body designs of the STRATOCASTER, TELECASTER and P BASS guitars are trademarks of Fender Musical Instruments Corporation.
************************************************** ****

They can place that anywhere but haven't and can't enforce the body design.
They can try to convince people that they can enforce it.
Or make it financially unsound to try to fight it.

[Venomboy]

Not to defend Ed, but he probably gets calls and emails a lot about his guitars. If he's asking for a lawyer, he's at least trying to follow some sort of logical process. He doesn't know if you're a bigger BS'er than him.

Just think if someone called you or emailed you out of the blue asking you to stop doing something with your business. You'd probably want some proof, backup, etc.

I agree that JCMI and other companies should give him a smackdown or should have smacked him down years ago.

[85 San Dimas]

Well, its always going to be something with that clown.

[Newc]

Just had a preliminary phone call with him. He claims Jackson allows him to make their shapes they don't produce anymore, like the Death Angel and the Y2KV.

He claims also to have a similar deal with Hamer.

He's asking for suggestions on how to change the body to make me happy, and even offered a $100 royalty for every model he sells.


Uhh, no. Change the design? Lose the tips.

Then he gets into the nitpicky details like the fact mine has no knobs, whereas his "finished version" does. So does the one at Fuller's.

I'm uploading the mp3.

[Newc]

removed

[Dogbone]

Wow... what a trip... Don't know... Jackson lets him make the old styles that are no longer in production :think: For some reason I can't see that, but maybe I'm wrong...
I will give him this though... Offering to pay you royalties was a nice thought
If you'd see it or not :think: And send him the drawing... Sure thing huh
Don't know. This has been a real interesting read. And educational.
I do hope it works out in the end

[Newc]

Me too, but from the research I've done, I'd have to rely on courtesy and a gentleman's agreement - 2 things not usually associated with this guy

[Jacksons Shred]

Wait.. Jackson won't make Custom Shop guitars that were used by previous endorsers... But they let some other schmuck use their discontinued designs?... Am I missing something here..

[Venomboy]

I can tell from Ed's voice and what he's saying that he knows he didn't do something ethical. So he's offering a deal, which to him is a good business move. I know from people who have dealt with him (other manufacturers) that he's always looking for a deal and a way to make money. He's in constant salesman mode. He just wants you to say yes and is doing everything in his power to get that answer out of you. Asking you where you're from and all that are ways he's sizing you up.

You caught him on a good day. I had him scream at me once and at NAMM I asked him some pointed questions about BCRs, who makes them, etc. He had to pause a lot, asked me "who ARE you?". Meaning I knew the answers to the questions I asked him that he was trying to avoid.

[missionguitars1]

They can place that anywhere but haven't and can't enforce the body design.
They can try to convince people that they can enforce it.
Or make it financially unsound to try to fight it.

Correct - I can lay claim to the ownership of the moon, but what resources do I want to commit to enforce it?

I stand by my original statement...unfortunately, and not to be a kill-joy on the matter, I really think you might be swimming upstream on this one Newc....

[fullmetalguitar]

Great thread! Very interesting stuff.