Crackel finishes?

[Re-Pete]

...what's stopping companies from doing non-traditional things with double cream?

Nothing, and that's how they do it. Carvin, as you mentioned, has a different form-factor to their pickups (12 poles as opposed to 6). Bill Lawrence does as well (blades vs. pole pieces). Apparently, it's only the PAF-style parts that DiMarzio was able to trademark. Never mind that it was already being done by others; the USPTO just awarded them the mark.

I'll tell ya - you can just about patent used toilet paper these days. There doesn't seem to be any oversight or research on anything.

Can't understand how that occurred. DiMarzio were only copying original Gibson design, and there's Gibson Les Pauls prior to the Patent that have double creams underneath. So, are you saying, that if a player rips off the covers for a Gibson LP and finds double creams & keeps it, they are in breach of DiMarzio's Patent? Like others have already said: it doesn't add up for what a Patent is supposed to be.

 

[Cagey]

This is a huge subject with ongoing legislation and litigation in the billions. But, to answer your question directly, DiMarzio could possibly take action if they wanted to, but it's highly unlikely unless you're operating a commercial enterprise and selling double-cream pickups.

How they got the trademark in the first place is a mystery, as that presentation/packaging already existed in prior art; it wasn't anything they came up with. I suspect they applied for it, nobody knew about and/or fought it, the USPTO's due diligence was minimal at best, so the mark was allowed.

If you did want to build/sell double-cream pickups now, you could probably take DiMarzio to court and have the trademark rescinded. But, it almost certainly wouldn't be worth what it would cost.

 

[AutoBat]

I'll tell ya - you can just about patent used toilet paper these days. There doesn't seem to be any oversight or research on anything.

Not too fast! http://articles.chicagotribune.com/2011-07-30/news/ct-talk-toilet-paper-court-fight-073020110730_1_toilet-paper-cottonelle-trademarked

 

[Cagey]

Incredible. Wonder what the lawyers made on that little pissing contest?