"Fumble" Trademark

Nah, I don't think Josh is going to bother the DIY scene with takedowns or whatever.

Except, maybe if it's a slow time and he needs to move some products without having a new product to lure people in, he can use it to incite some low level rage to get eyes back on him
 
Based off your recent build-reports, of which the builds' have all had the graphics, pedal-names and even the company names of the original pedals...


...I'd have thought this is a non-issue for you. 😆


Ahhh, I get it... the issue is that JHS might suddenly change the name and/or graphic of its pedal; you're just making sure beforehand that you'll be able to copy the JHS pedal, and not have to change it should JHS unexpectedly change its "Fumble"'s name and livery... 🤠


Carry on.
 
Feral Feline said:
Based off your recent build-reports, of which the builds' have all had the graphics, pedal-names and even the company names of the original pedals...


...I'd have thought this is a non-issue for you. 😆


Ahhh, I get it... the issue is that JHS might suddenly change the name and/or graphic of its pedal; you're just making sure beforehand that you'll be able to copy the JHS pedal, and not have to change it should JHS unexpectedly change its "Fumble"'s name and livery... 🤠


Carry on.
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This doesn’t have to do with the graphics it has to do with the actual name of the pedal. I already made the pedal and it doesn’t copy the graphic. I was told I can’t use the name fumble so it doesn’t really matter whether or not JHS is protesting our use of the name or not protesting. Anyone in the world who will look into it will note that it’s a trademark pending and the name will be owned by JHS. The fact that his lawyers filed, means he intends to own it.

I guess Josh had conversations with PPCB but I’m not at liberty to discuss those. I’ll leave that to PPCP.
 
OD is Glorious said:
So I am not sure about our ability to use word "Fumble" on this board.
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In general, I wouldn’t take legal advice from guitar pedal forum-goers (including me), there’s plenty of info out there about what “trademark” and “trade dress” do and don’t protect. You can go look it up and read all about it if you’re interested 🤷‍♀️

What I’m fairly confident in saying is that trademark law definitely does not police the language used on Internet forums.
 
OD is Glorious said:
This doesn’t have to do with the graphics it has to do with the actual name of the pedal. I already made the pedal and it doesn’t copy the graphic. I was told I can’t use the name fumble so it doesn’t really matter whether or not JHS is protesting our use of the name or not protesting. Anyone in the world who will look into it will note that it’s a trademark pending and the name will be owned by JHS. The fact that his lawyers filed, means he intends to own it.

I guess Josh had conversations with PPCB but I’m not at liberty to discuss those. I’ll leave that to PPCP.
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h529A4186


Maybe re-read my post. 😺
You seem focused solely on graphics, but really my post was about the whole enchilada of graphics, pedal-name, company name... which you copy in all your recent builds. And now you're suddenly concerned about "Trademark"...

It be everting mon.


Besides, who said you can't call yours "FUMBLE"?

It's your private personal build, right? You're NOT planning on launching your pedal company and pumping out thousands of "Fumbles", correct?
You're not being or going to be fraudulent and misrepresent your builds as being the originals they "borrow" from.

So just name it what you want. 👍
 
pricklyrobot said:
In general, I wouldn’t take legal advice from guitar pedal forum-goers (including me), there’s plenty of info out there about what “trademark” and “trade dress” do and don’t protect. You can go look it up and read all about it if you’re interested 🤷‍♀️

What I’m fairly confident in saying is that trademark law definitely does not police the language used on Internet forums.
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That makes sense. This wasn’t a forum-goer however. I guess my point is that many authority figures will shut down fumble name use knowing that somebody has staked a legal claim. Not sure this thread can accomplish anymore. I guess it’s just an FYI at this point.
 
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From my understanding josh mentioned it and gave away some ppcb fumble boards even. Mentioned that he had the name as an option already as well. So he probably took it because ppl are copying the circuit anyway (not that it wasn't a copy to begin with anyway) and there isn't going to be any issues between his and ppcb. But idk
 
Trademark infringement cases usually hinge on the question of ‘would a potential consumer be reasonably likely to mistake this product for the trademarked one?’ (google “Negativland vs. U2” if you want an entertaining trademark story…)

So, unless you’re selling a pedal called “Fumble” that also looks enough like the JHS one that it could “reasonably” be mistaken for same, then you’re probably good.

TLDR: just call your pedal FUBAR instead, and return to your carefree life;)
 
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