I have several cabinet covers that I was interested in have the Kustom logo put on them. lady I talk to about it was wanting to know if the word Kustom was a registered trade mark or not. I have seen other products listed on Ebay that were Kustom but not the musical equipment. Does anyone know if the word Kustom is registered or was it maybe registered as Kustom by Ross or Kustom Electronics? Hoping someone here would have the answer for me.......thanks.
The word Kustom is probably generic enough that it can't be trademarked, but the Kustom logo is still being used by the current makers of Kustom amps, so there may be a legal problem with having a the logo applied to things that they don't make. Or at least approve.
Well, guess I will have to call the current Kustom company and find out if there would be a problem using the name now on equipment that they no longer make or have any legal obligation to....like the lifetime warranty. I guess if they do object, all I have to do to get around that would be to use a different font as to the Kustom spelling. Same principle they use in manufacturing......change the wire color code and reroute a wire here and there and now you have a totally similar but not identical product. I'll post back about what I find out. These covers however do look really nice with the logo's on them.
Don't ask, don't tell. If you make a set of covers for your own amp, I doubt that they will take the time to try and track you down. Start selling covers on eBay, then everybody will get involved.
Because some franchised sign companies can be held liable for trademark and copyright violations, a lot of places will at least ask the question about trademark ownership nowadays.
Of course these opinions are mine and mine alone, and because I am not a lawyer, you should consult your own adviser for an opinion.
braud357 Messages: 154 Registered: July 2010 Location: Louisiana
Senior Member
My friend (the guy who made them for me), asked if I thought we could sell some of these. I answered that, without copyright approval - NO ! Making them for personal use is probably OK. Selling them for profit is a definite no-no !
stevem Messages: 4736 Registered: June 2004 Location: NY
Senior Member
Since the vintage covers that came with our amps had the logo on them it would first have to be proved that your new covers are not original and I do not think that the current owners of the rights to that logo would go through the expense to proove that especially since you are not selling the logo, or advertising tht you have said logo for sale!
Legally, anyone but the trademark owner can "make available" (translation: whether you're selling them or not only matters as much as it matters to the individual judge if/when there's a dispute) something involving a trademarked word/phrase/image "to a reasonably-sized circle of family, friends, and/or acquaintances" (again, "reasonably-sized" is a matter of judicial discretion). So, even if you don't sell or even give away a SINGLE cover with a trademarked logo, if you make them available to a large group of people, and the current trademark owner finds out about it, you could be in trouble.
Oh, and as to the word, "Kustom", it IS currently trademarked, but by more than one entity and for more than one use. That's because trademark is specific to a product and/or service. I could, for instance, legally do business under the name, "McDonald's" or even "McDonald's Restaurants"...as long as my goods/services didn't have ANYTHING to do with food.
Okay here's the poop from Kustom.........first off the guy I talked to said no one has ever called and asked about using the logo on their personal items. That was a shocker.
Second, the Kustom logo is a registered trademark owned by Kustom......still don't understand how there is a magazine out there called Kustom and also a motorcycle company as well.
As far as copying the logo and using it, he told me that the company has a very rigid policy about going after people who use they're logo without permission. He advised me to write a letter to the company and explain what I was wanting to do and maybe, doubtful, but maybe they would give me permission for a one time deal.
So that's the story from Kustom. I'm going to write the letter today and see what happens. As a last resort, I will change the Kustom design so then they will not be able to say I copied they're trade mark.
As zedsalt explained, the word Kustom can only be protected relating to specific goods or themes. So Kustom amps trademark will protect them from any other company selling amps with the name Kustom. An unrelated industry like motorcycles can trademark the name relating to cycles. Or if you wanted to you could open a burger chain called Kustom Burgers.
Kool, that may be my new career. Kustom Burgers, tuck and roll booths and vintage Kustom speaker cabs for music.
The hell you say, you stay right where your at. Your needed to help us guys with two left hands when it comes to repairing this stuff. You, Pleat, and Stevem are the pillars of vintage Kustom.......and God help any of you if you up and croak on us......there will certainly be hell to pay.