Fender did not pursue the Strat-clone manufacturers in court; and then after attempting to trademark the iconic Statocaster contours decades later, a court ruled in 2009 that “the body shapes were generic and that consumers do not solely associate these shapes with Fender Musical Instruments Corporation”. The ruling went so far as to say “in the case of the [Stratocaster] body outline, this configuration is so common that it is depicted as a generic electric guitar in a dictionary.”
Protect your property from thieves or lose the rights to it.
And that forum is filled with the same bull there is in every other comment war when it comes to the trade dress suits between Apple and Samsung “Apple patended a rounded rectangle”. Well, that’s a PART of the suits, it’s a rounded rectangle AND a grid of icons in a special configuration AND a thin metal edge around the glass, etc etc.
Protecting intellectual is a right and in the case of iconic brands an obligation. The fact the a lot of smartphones now look the same is no coincidence. Apple defined this space. They didn’t happen upon it, they spent years and multiple millions of dollars coming up with the winning form factor. Is it right then for others to simply look over their shoulder and forego that development cycle? I think not. I also think that’s it’s telling that all of the cases that Apple has to fight in this regard concern companies that are based in countries that don’t have strong intellectual property principles. No copy cat suits against Nokia. Those who are defending their copying as being “accidental” don’t have intellectual property protection as a key factor in their thinking. Those that do are not involved in this mess.
I, for one, am glad that I have the option of buying a strat without having to buy a Fender™ Stratocaster®, much as I’d love the real thing. Because of that fact, the world is a slightly happier place.
Just saying.
I love this analogy.
I don’t think that Fender should have exclusive right to the Strat shape. I don’t think Apple needs to compete in the court room either.
Make a good product at a good price and you’ll do fine. When I didn’t buy Apple or Fender products, it was because they were making crappy products and asking too much for them. When they built good products at a good price, I started buying from them again.
If another company makes a copy of your product that people like more than yours, it probably isn’t because they copied you. It is because their so-called copy is actually better than your original.