As many readers may know, a trademark need not be a name or a logo.  A trademark can be almost any element that identifies your goods and distinguishes them from your competitors’ goods.  Even the shape of the product itself, or the shape of some specific component or element of the product, can serve as a trademark provided the configuration of that feature is not functional in some way.

The GIBSON LES PAUL guitar - one of the most recognized, and most copied, guitars in the world.

The musical instrument industry, being as competitive as any other, has taken advantage of this fact by registering “configuration” trademarks.  As a musician and compulsive guitar freak aficionado myself, I thought it might be interesting to examine the way that guitar trademarks have helped to shape the industry.

Of course, traditional “brand name” trademark disputes have played their own role in the development of the guitar industry.  Indeed, Fender Guitars’ iconic TELECASTER guitar – the original solid-body electric guitar and the signature axe of rockers like Keith Richards, Bruce Springsteen and Joe Strummer – was originally called the BROADCASTER.  Soon after the guitar’s introduction Fender received a cease-and-desist letter from the good people at Gretsch, who used BROADKASTER as a trademark for drums.

Fender quickly switched over to the TELECASTER mark, after a transition period in which it sold a small number of guitars with the BROADCASTER sticker removed and thus no name sticker on the headstock.  Because of their extreme rarity the Fender BROADCASTER guitars, along with the nameless guitars (dubbed “No-Casters” by guitar buffs), command a huge premium in the vintage guitar market.

Copy Guitars – Where the Action Is

In fact, however, infringements of actual trademark names are relatively rare in the guitar industry.  No one is selling CIBSON or VENDER guitars, to my knowledge.  The real action, and the most interest, lies with the issue of so-called “copy” guitars. 

The FENDER STRATOCASTER - another iconic model, also widely copied.

Some background:  Guitarists are nothing if not reverent of the past, and thus there are a limited number of iconic guitar designs.  Most of these date from the 1950s, the dawn of the electric guitar era.  Gibson’s LES PAUL, SG and ES-335 models, Fender’s TELECASTER and STRATOCASTER guitars, various RICKENBACKER brand guitars – these are among the few truly iconic guitar models.  In recent decades, PAUL REED SMITH guitars, named after the company’s founder, have joined those elite ranks. 

Almost from the beginning Gibson and Fender, makers of most of the legendary models, chose not to challenge copy guitars unless the copy was virtually identical to the original. By the term copy guitars, I mean lower-cost (often much lower-cost, and usually foreign-made) copies of the “big name” guitar models.

Even beginning guitarists want to look (if not, unfortunately, play) like their guitar heroes.  Therefore, most beginners want an axe that closely resembles one of the celebrated big-league guitar models mentioned above.  As a result, each copy manufacturer tries to get as close in appearance to those famous axes as possible, without provoking an infringement challenge.

The RICKENBACKER 12-string: Kerrrrrraannngggg! It's been a hard day's night...

Some companies, such as Ibanez, started out as copyists before succumbing to infringement threats and developing their own models.  Many now would rank some IBANEZ models as iconic guitars, subject to copyists of their own.

Personally I am a fan of the higher-quality copy guitars, of which there are many.  In my humble opinion there’s nothing in my hacker’s technique that requires a multi-thousand dollar guitar, especially when I can get 80% of the instrument for 10% of the price.

Who Protects What?

Many of the elite guitar manufacturers have sought protection against the most slavish copyists by registering the appearance or configuration of their guitars.  More specifically, they have sought protection for certain specific elements of the guitars.

In recent years, with growing awareness of the competitive advantages of trademark registration, the guitar companies have increased the number of elements they register as trademarks.  Generally speaking, the top-shelf companies have sought protection for guitar body and headstock shapes.  It can generally be said that each manufacturer seems to have drawn a line in the sand and focused upon preventing the reproduction of one or two particular features of its flagship models:

Gibson energetically enforces its rights in the "open book" design at the top of its guitar headstocks.

Ÿ  Gibson jealously protects the “open book” shape at the top of its headstocks, as well as the particular shape of the cutaways on its legendary LES PAUL and SG models.  (Cutaways are the body indents on one or both sides of the neck, which allow a player easier access to the highest frets when soloing.)

Ÿ  Fender protects headstock shapes, and especially those of the iconic STRATOCASTER and TELECASTER models.  The company recently attempted to reverse the course of history and seek registration protection for its STRAT and TELE body designs.  Fender failed in that attempt when a large number of other guitar makers opposed the applications.  The gist of the other makers’ argument was that Fender had allowed decades of widespread copying of those body designs, and as a result the configurations did not distinguish Fender’s guitars from any of the countless copies.  See the allegations in one of the oppositions here.

If your guitar's headstock looks like this, it'd better be a real FENDER STRATOCASTER.

Ÿ  Paul Reed Smith chooses to protect its headstock, its signature “birds in flight” fretboard inlays, and the beveled edge of its cutaway (see more below.)

Ÿ  Rickenbacker, whose legendary guitars were widely used by the Beatles and the Byrds, is one of the few guitar makers that has protected both body shapes and headstock shapes for decades.  Rickenbacker also traditionally has been far more energetic in pursuing copyists than its peers, with the result that there are very few Rickenbacker copies to be found.

My “Lawsuit” Guitar Is Worth An Extra Hundred Bucks!

At certain points in the past (especially the 1970s), the major guitar companies have responded to particularly exact copy guitars by threatening or actually bringing trademark infringement suits.  The belief has arisen, whether true or not, that the major guitar companies were spurred into action by the equal or greater quality of the foreign copy guitars, and the resulting loss of market share for their much costlier products. 

The distinctive PAUL REED SMITH headstock.

I suspect that very few lawsuits actually were filed, but doubtless some cease and desist letters were sent.  Nevertheless, the phrase “lawsuit guitar” is bandied about quite freely by those selling used guitars on eBay and elsewhere, to lend a certain cachet and to seek a little extra in price.

Big v. Big

Notwithstanding the foregoing, it’s not always the big guys going after the little-guy copyists.  Occasionally, the battle is Big v. Big.  In 2001, Gibson sued Paul Reed Smith Guitars, alleging that PRS’ “Singlecut” model infringed Gibson’s rights in the configuration of its LES PAUL guitar.  In my own opinion, the Singlecut looked no more like a Gibson LES PAUL than countless other copy guitars.  Nevertheless, Gibson prevailed at the trial court level and for a time PRS was forced to stop making the Singlecut model. 

Gibson saw its judgment overturned by the 6^th Circuit Court of Appeals, however.  The appellate court emphasized Gibson’s courtroom concession that “only an idiot” would confuse the two models at the point of sale.  PRS immediately resumed marketing the Singlecut model.  It may come as no surprise that guitar buffs, ever sensitive to tiny nuances of relative prestige, have come to distinguish the original “pre-lawsuit” Singlecuts from those that came later.

PHOTOS COURTESY OF FLICKR USERS MRBILL (STRATOCASTER headstock and guitar), BGVJPE (Gibson and PAUL REED SMITH headstocks), ETHAN PRATER (LES PAUL headstock) and BANJO D (RICKENBACKER guitar), ALL UNDER THIS CREATIVE COMMONS LICENSE.

Folk musician David Wilcox has a song called “Guitar Shopping” that contains the following lyric:

There’s a guitar here in the window
I’d like to play before its sold
Its such a classic, mint condition
Great shape for one this old
Now all these axes have their stories
Of the gigs that they have seen
But when this one sold the first time
I was seventeen
‘Course back then I didn’t want it
It was way too new for me
I needed something old and righteous
With its own authority
So the first guitar I ever bought
Was twice as old as me
Cause its life was full of music
As I dreamed that mine might be

In the past I have agreed with Wilcox. When thinking about “my dream guitar” I thought about a brand new, pristine guitar that I would play hour upon and hour and wear off the finish myself. Therefore, I always considered the idea of “relic-ing” an instrument kind of silly. I suppose there is some sort of “high art” to the exact copies of Stevie Ray Vaughan’s “Lenny” or Eddie Van Halen’s Frankenstein but thought of buying a mass-produced Fender “road worn” instrument always struck me as goofy.

Along comes the fledgling company Rittenhouse Guitars to change my opinion of relic’d instruments. Rittenhouse works with their customers to create what they call a “unique, one-of-a-kind” instrument. This isn’t a production line relic’d guitar. Each Rittenhouse guitar is a handcrafted beauty that oozes vintage vibe and is made by working closely with the customer. This level of commitment to customer service is seriously cool in this day and age and Rittenhouse is to be applauded.

Rittenhouse Guitars is holding a contest in which they will give away a relic’d guitar to one lucky winner on December 24. You better believe I have entered. But as much as I would love to keep it if I won the guitar, I would probably give the instrument to my two daughters (aged 10 and 9). They have really, REALLY caught the guitar playing bug this year and want me to teach them to play. They both have guitars on their Christmas lists but, like everyone else these days, we’ve tightened our belts and there won’t be a guitar under the tree this Christmas. So, if I won a guitar from Rittenhouse, it would go to my daughters. I can’t think of a cooler instrument upon which to learn than a custom-built guitar made just for them. After all, as David Wilcox said, a guitar that looks as “old and righteous” as a Rittenhouse has “its own authority.”

Feel free to click on through to Rittenhouse’s website and have a look around. They are a great little company filled with quality people. I’ve got my fingers crossed that a picture of a beautifully relic’d Telecaster will end up under the tree for my daughters this Christmas.

A video visit of my guitar room / home studio, because it’s been redone since the last one, and I never took the time to show it… so here we go. In it I show some guitars, electric and acoustic, amps, pedals, recording gear, some parts on the shelf, and a bunch of computers. How geeky can one get? Apparently, plenty geeky!

So welcome to Casa Mojo.

At 23 years young, Joanne Shaw Taylor’s debut offering White Sugar reminds me why I love guitar-based, power-trio electric blues.

Recorded in Jim Gaines Studio in Memphis, White Sugar features 10 tracks, 9 of which being Taylor originals. Joining Joanne in studio were Steve Potts on Drums and Dave Smith on bass.

White Sugar is a no-nonsense, stripped down and invigorating brand of electric blues, showing Joanne’s named influences of SRV, Albert Collins and Jimi Hendrix.  Taylor, who started playing guitar at age 8, handles her Telecaster with ease — guiding it through gentle passages, funky chops, soulful chords and blistering solos — all without a hint of pretense.

Joanne is equal to the task on vocals. Smokey yet silky smooth and articulate. Imagine a mature Susan Tedeschi…somewhat softened and without the hard edge, yet with plenty of power and emotion.

A real bonus to this CD is the light-handed approach to production and engineering. Someone got it right. Rather than put out an overly-balanced and compressed uni-level recording that promotes passive listening and which holds the listener at arms length, White Sugar is a very live sounding record that invites the listener in. There’s a lot of open space on this CD where one can crawl inside and get comfortable with it, and other places where you just hang on and enjoy the ride. The end result is a living, breathing musical experience that plays for and with you, not at you.

As debut albums go, White Sugar compares favorably to Joe Bonamassa’s debut release, A New Day Yesterday – albeit lacking some of Joe’s fretboard prowess. But that’s not what Joanne Taylor Shaw is about. Her guitar playing is great, but it’s more about the overall vibe and feel with her…and it feels really, really good.

I’m half tempted to fire up the whole Street Team thing again. We’ll see. 

White Sugar was released on Germany’s Ruf Records (pronounced “roof”) in February 2009 — the same label as Anysley Lister, Coco Montoya, Ana Popovic, Walter Trout, Robin Trower, the late Jeff Healey and others.

Pick up a copy - you’ll be glad you did.

My oh my!!! I just “discovered” this artist this morning, watched a couple youtube clips and had to throw this up on the blog. I will be checking out more of her stuff in the immediate future, but if these clips are accurate representations of her music, count me in!!! Wow!!!

1. A beautiful, healthy family
2. My new guitar (Fender Telecaster)
3. New friendships
4. The house we live in
5. Crossroads Christian Church
6. Lots of coffee
7. Expanding collection of vinyl
8. AVOIDING A ZOMBIE INVASION
9. My car is still running well
10. Having a job that I love

I’ve never modded a guitar before, but it’s a topic that has interested me for a long time. I’m looking at upgrading the pickups as well as doing a few cosmetic changes on my Squier by Fender Affinity Series Stratocaster as practice because it’s a relatively cheap instrument.

I’m confused about what to do for pickups. Fender makes so many different types that all sound appealing, but I don’t know what the differences between Vintage Noiseless, Custom Shop Texas Specials, and Hot Noiseless are. I’m also thinking about adding Fender Schaller Locking Tuners, an LSR Roller Nut, and a tortoise shell or pearloid white pickguard depending on the paintjob I decide on. I’m torn. I really dig the style shown in the upper-right corner, of an off-white with a tortoise pickguard, but I also like my other idea of a very light blue with black diagonal racing stripes going one way, then being opposed by white racing stripes going a different direction.

The project is still a while off, I’m still broke from buying my Fender Telecaster which I love dearly. I’m wondering about putting a bridge cover on it, for the cool vintage look. That’s a cheap, $20 or so upgrade that requires pretty much no work at all.

Over the past eight years, I have barely touched an electric guitar. It has probably been since my junior year in high school that I really played an electric much. It’s much easier to lead worship and play a rhythm instrument than a lead instrument.
Now that I have the Telecaster, I have not only re-kindled my desire to play electric. It’s opened up new musical interests (including The Who and Eric Clapton), and has broadened my ability as a musician. Plus, I play way more in my free-time that I have for quite some time.
Who would have thought that this acoustic loving man would start favoring his electric? It’s great.

MojoTwanger.com: Howlin’ at the Moon (original)

This is a first take of this song, so as to not forget it. this is by no means a finished product…

MojoTwanger.com: hey Hey (Big Bill Broonzy Cover)

My take on this great tune by Big Bill Broonze, later covered by just about every body, including one Eric Clapton…

MojoTwanger.com: Free Fallin’ (Tom Petty Cover)

My take on this classic… used a MIM James Burton Telecaster from Fender for this track that was recorded 2 or 3 years ago now…

MojoTwanger.com: More than This (Roxy Music Cover)

I always loved that song growing up, so I recently recorded a quick cover in my home studio. A blast from the past I suppose

MojoTwanger.com: somewhat jazzy jam (Original)

Yes, I played all the instruments you hear in that track. It started as a fun project to create a backing track for myself to practice, and it ended up w/ all these tracks an hour later. Fun was had by all, no animals were hurt during the making of this track either

Three Little Birds (Bob Marley Cover)

A song that never fails to put a smile on my face… which is why I enlisted my kids to sing it with me!

Fade to Black (Dire Straits Cover)

A song that sort of went unnoticed, but a great Mark Knopfler song that I had to cover. Not that I am a fan, or anything.

One of my favorite songs since the day I first heard it. Classic Mark Knopfler tones and licks.

MojoTwanger.com: Why Worry? (Dire Straits cover)

In case you hadn’t noticed, I am a huge Mark Knopfler fan… so my goal is to cover each and every song he ever recorded

I used my Lentz T-style on this track.

Just a little fun on a lazy Saturday morning… hadn’t played that song in ages, and boy does it ever show! Anyway, it was fun. Gear used: Crook Tele-style w/ TV jones pickup, Dr Z Mini Z head, Dr Z 1×12 cab… and a busted up straw hat!

A review of my MojoTwanger Hot Rod T-Style w. Fralin Blues Special pickups. The amp is a Dr. Z Mini Z head w/a Dr Z 1×12 cab. Reverb courtesy of an EH .

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I had a little fun with my Crook Tele & Carmen Ghia head over a backing track that I created a while back. I call it “somewhat jazzy” because I don’t have the nerves to pretend I can play jazz