Super Turbo Deluxe Custom said:
If someone buys that Fender licensed shape from W and puts a Fender logo on it, that crosses a line with forum members?
"You can't put that label on it. It says it's something it's not." The headstock shape already says it's something it's not.
No, the headstock shape makes it
appear to be something it's not. The headstock shape has been trademarked by another company - FMIC. That's why Warmoth has to license it in order to use it. But, it's actually a Warmoth neck, which is different than a Fender neck in that they're usually built from different materials and to different specs and quality levels. Since the materials choice, specifications, and quality meet or exceed Fender's own, they don't have any problem licensing their trademark. Its use can't harm them or consumers.
Trademarks and trademark law exist to protect consumers as much as traders. For consumers, they identify a product so there's no confusion as to its origin. For traders, they protect their identity in the market, so other manufacturers can't produce counterfeit or substandard versions of a product and sell it as authentic, or even produce equal or better products to be sold in the same market. To do so would have the effect of market dilution, which is detrimental to a trademark holder's profits.
So, it's clear what Fender and Warmoth's legal motivations are, but why would a builder want to identify a Warmoth build as a Fender? While certainly not insulting, nonetheless it's identifying the instrument as something less than it is. It would seem then that the only one being hurt is the builder. Counter-intuitive as it is, that's not the case. FMIC has spent
many millions of dollars building a reputation for greatness around their name. It's not baseless - they do make some good products - but it's greatly exaggerated through promotion. As a result, their name alone implies a value higher than one that's less well-known. That's why the endorsements of celebrities are so highly sought after. Simply putting Eric Clapton's name on a Stratocaster increases its selling price a couple thousand dollars without any material or manufacturing investment whatsoever.
For those in the know, the names mean nothing. One can look at a completely unidentified instrument and judge its material and build quality. Unfortunately, the market is largely populated by the unsophisticated, so if one wants to make a positive social impression or sell an instrument at a higher price, a little name-dropping goes a long way. So, it would seem the only reason to put a Fender name on a Warmoth product is to increase its apparent value to the unsophisticated by lying to them and taking advantage of their ignorance.
