but first let's look at an example
Goulding Guitars
Voodoo Haze
the "sound hole" of this semi acoustic almost has a resonator guitar quality to it.
unique to the designer
and with that we come to the legal term "design flair"
first off, I will site the example of a certain jangly 12 string guitar manufacturer and their guitars used by a member of a fab group in the sixties. You know, there were four of them. now what is their name again?
the 12 string in question had tuners pointing outward and away from the headstock, eliminating the need for a long, or six tuners a side, headstock.
the concept had been used in pedal steel guitars for some time but had not been implemented on the guitar.
but that is not what the issue is here
the shape of the headstock, although not a trademark in its own right is a part of the design flair, is unique to that manufacturer. although it goes in no way to assist in the function of the instrument, it is a constant design feature of that manufacturer.
hence the term, "design flair"
If I asked you to think of guitar head stocks in relation to the following words
tele
strat
explorer
probably the first thing that comes to mind is the inherent shape of those head stocks. The design is the builder's calling card.
legally, how do I feel about this?
there could be a fine line between flair and function (see guitar above).
some designers/builders/manufacturers have deeper wallets and better lawyers than others
being pro active and trying to secure your rights in relation to said laws are prohibitively expensive
my conclusion is one of hopeless optimism
I am not on the side of the "little guy", I am on the side of the "specific guy".
all the people I have sited in this blog since I began it.
bringing forth new ideas without fear or favor
if these people cannot be defended, then we can't advance
having said all that, go have a look around at the Goulding Guitars website
a deluge of instruments and ideas
click here
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