The No.1 Website for Pro Audio
 All  This Thread  Reviews  Gear Database  Synths for sale     Latest  Trending
Behringer wins Oberheim Brand Lawsuit
Old 3 days ago
  #91
Quote:
Originally Posted by dannykorrson View Post
A couple of weeks ago, reports surfaced which stated that Gibson, the owner of the Oberheim Brand, planned on returning the brand Name to its Name giver and synth-titan Tom Oberheim. Behringer already filed for the Brand Oberheim in December 2016, however, without success at the time.

in more recent news amazona reports that behringer actually won the lawsuit against Gibson - which means that they can use the Name.

This leaves multiple possible scenarios for the future of Oberheim:
A Behringer-Oberheim collaboration?
A Behringer fueled remake of the OB-xa, called Oberheim OB-xa?
The OB-12 all over again?

never a dull moment in the synth world
"Because they know all they sold ya was a guaranteed piece of ****. That's all it is, isn't it? Hey, if you want me to take a dump in a box and mark it guaranteed, I will. I got spare time. But for now, for your customer's sake, for your daughter's sake, ya might wanna think about buying a quality product from me." - Tommy Boy

Oberheim logo printed on a Behringer box...
Old 3 days ago
  #92
Gear Addict
 
basehead617's Avatar
Utterly disgusting.
Old 3 days ago
  #93
Gear Addict
 

This is a fitting end to the whole saga. It's a true passing of the torch moment. Henry Juszkiewicz is no longer the biggest villain in the musical instrument industry. Uli now wears that crown and thus the name Oberheim must rightfully pass to him.
1
Share
Old 3 days ago
  #94
Lives for gear
 
Crazy4Jazz's Avatar
 

Quote:
Originally Posted by Breaks Dude View Post
I've been involved with the Ferrari community for a while now, and they don't mess around when it comes to their brand. They'll happily sue anyone who makes a replica, even if it's a personal one-off clone built entirely in your garage that you only plan to use on Sundays. If you want a 250GTO, either you can pay $70m for a real one or god help you if you make yourself a replica and they find out. They're a little over the top at times IMO.

https://www.formacar.com/en/news/view/16847.html
They can happily sue someone who makes s replica for personal use but the would probably unhappily lose. It’s called a TRADE mark for a reason. If you don’t use it in commerce you have not violated the Trademark.
Old 3 days ago
  #95
Lives for gear
 

Aw my post got deleted and it was damn funny.
But otherwise I’m enjoying this horrible thread.
Old 3 days ago
  #96
Lives for gear
 

Quote:
Originally Posted by Hardock View Post
I wonder how important it is for a synth to have the name Oberheim on it. I mean, if it sounds etc. the same as without "Oberheim" on it? Same as with the 808: Now you will not be able to say "I made a kickass 808 beat" anymore. I would really like to know how much that affects the buying decisions of people.
It goes on all the time with brands. Lots of consumer stuff now has acquired or licensed brand names slapped on to milk the last drops of goodwill out of it. I was just looking at an Akai microwave earlier.

With music gear, even the end users do it. Look at how many people put a Fender decal and Fender neckplate on a Squier or even a non-Squier.

Putting Oberheim on a synth would increase sales. Look at that Viscount VA, the OB12. It didn't fool anyone but the Oberheim name still probably gave it a boost. It would have sold bugger all as a Viscount VA12.

Edit: think of all the online bragging and showing off that goes on with possessions. We even have monthly threads on our latest consumption and an ongoing mega thread on people's palaces of trinkets. The brand name is a big factor for some.

Quote:
Originally Posted by dr_Jezz View Post
Even if a piece of Behringer gear said Oberheim on it ... every gear slut would know what it is vs what it was then, and that it’s nothing to do with the man who invented the company, the classics or the real brand.

Edit - and who still puts his name on his synths
People like fooling themselves. We all do it.

Quote:
Originally Posted by tux99 View Post
There won't be, those containers will head exclusively to Europe.
You will be stuck with Behringer branded Oberheim clones.
Might be what's going on with Auratone. I think Behringer have got the trademark for that in Europe?
Old 3 days ago
  #97
Quote:
Originally Posted by Crazy4Jazz View Post
They can happily sue someone who makes s replica for personal use but the would probably unhappily lose. It’s called a TRADE mark for a reason. If you don’t use it in commerce you have not violated the Trademark.
They freaked over DeadMaus using Nyan Cat and some modified logos on his personal car (which he later turned back to stock after a C&D from F).

https://www.techdirt.com/articles/20...your-car.shtml

Some further reading (about 10 pages long).

https://www.ferrarichat.com/forum/th...plicas.307460/

Obviously there are plenty of replicas out there (Ferris Bueller, Vanillla Sky, Miami Vice), but they seem to have gotten overly sensitive during the past decade.

Enough thread jacking by me, I just thought the subject was semi-relevant.
1
Share
Old 3 days ago
  #98
Lives for gear
 

Quote:
Originally Posted by Crazy4Jazz View Post
They can happily sue someone who makes s replica for personal use but the would probably unhappily lose. It’s called a TRADE mark for a reason. If you don’t use it in commerce you have not violated the Trademark.
Sorry, doesn't work that way.

Want to test the theory?

Create a free workshop, for anything... Being a happier person, making music, gardening, finger painting, it doesn't matter.

Now, also go grab a few screen shots or logos from Disney that feature Mickey Mouse, and use those in some cutesy quasi-clever flier.

Emphasize that the event is free, in every way, purely a humanitarian venture that would make the most philanthropic benefactor proud of you.

Then go post that flier on a big FB group, and wait.

And even if Disney's or FB's automated processes and human eyes don't catch it and send you a Nastygram, don't get over confident... it doesn't mean they don't care, they simply miss a few, so just call up their Corporate HQ and ask permission.

Go on, I'll wait.

Or call up your attorney and ask about whether or not it qualifies under Fair Use (hint: rarely does).

Such is the world of Trademarks, Tradedress, and IP law.
Old 3 days ago
  #99
Lives for gear
 

How is this any different from, up until recently, Yamaha owning yet not actively using "Sequential"?

Could Uli or Dave have tried the same legal maneuver, prior to Yammy gifting the name back?

Was Yamaha's generosity greased by anticipation of a similar move from Behringer?

It was Yamaha, right? I don't remember for sure - no products come to mind.
Old 3 days ago
  #100
Way back in the day I went through the federal TM process and - someone correct me if I cannot remember this correctly - if it's not being actively used on some product or service, it can be challenged and possibly rendered invalid.
1
Share
Old 3 days ago
  #101
Quote:
Originally Posted by xamatsni View Post
This is a fitting end to the whole saga. It's a true passing of the torch moment. Henry Juszkiewicz is no longer the biggest villain in the musical instrument industry. Uli now wears that crown and thus the name Oberheim must rightfully pass to him.
Dont worry the new guy is getting off to a great start already with the Dean lawsuit. Theyre actually accusing Dean of not just infringement but counterfeiting as well heh. Thats not going over very well with the majority of the 'working' guitar public who already hasn't liked Gibson for about 20 years.
2
Share
Old 3 days ago
  #102
Lives for gear
 

Quote:
Originally Posted by Monotremata View Post
Dont worry the new guy is getting off to a great start already with the Dean lawsuit. Theyre actually accusing Dean of not just infringement but counterfeiting as well heh. Thats not going over very well with the majority of the 'working' guitar public who already hasn't liked Gibson for about 20 years.
Plus, to attack Dean and call them counterfeits is by extension to attack Dime(bag), and that's just wrong, double-plus wrong, even, besmirching the man's rep when he can't defend himself (RIP).



This Will Not Stand!

(only half joking)
1
Share
Old 3 days ago
  #103
Lives for gear
 

Quote:
Originally Posted by Breaks Dude View Post
Way back in the day I went through the federal TM process and - someone correct me if I cannot remember this correctly - if it's not being actively used on some product or service, it can be challenged and possibly rendered invalid.
I don't know what the standards for this are, but it's definitely true that companies have to actively defend them lest they run the risk of losing it.
2
Share
Old 3 days ago
  #104
Quote:
Originally Posted by Bignatius View Post
Plus, to attack Dean and call them counterfeits is by extension to attack Dime(bag), and that's just wrong, double-plus wrong, even, besmirching the man's rep when he can't defend himself (RIP).



This Will Not Stand!

(only half joking)
Not to mention they've been making those guitars for about 40 years now and are well established as their own distinct brand. I think its a little late for Gibson to try this now. Theyll be hitting ESP next I bet heh.


And yeah Im pretty sure with trademarks, youre not allowed to just snatch them up and squat on them like you can domain names (which even those Ive seen taken away). That whole competitive free market thingy and all that.
1
Share
Old 3 days ago
  #105
Lives for gear
Quote:
Originally Posted by Monotremata View Post
Not to mention they've been making those guitars for about 40 years now and are well established as their own distinct brand. I think its a little late for Gibson to try this now. Theyll be hitting ESP next I bet heh.
I don't think they will be touching ESP. They're huge and Japanese companies exist in a kinda microcosm to a degree after the lawsuit stuff in the 80's. Dean are smaller and more vulnerable.. but also a ridiculous target, since the LAST brand I think of when I think of guitars like a Gibson is Dean

For posterity

3
Share
Old 3 days ago
  #106
Man that guy creeps me out every time I see his face. Like if I had children I wouldn't want them anywhere near him heh.
I love the new CEO's 'hey check out my rad Camero' 80s look too.
1
Share
Old 3 days ago
  #107
Lives for gear
Quote:
Originally Posted by PuggaMahone View Post
How is this any different from, up until recently, Yamaha owning yet not actively using "Sequential"?

Could Uli or Dave have tried the same legal maneuver, prior to Yammy gifting the name back?

Was Yamaha's generosity greased by anticipation of a similar move from Behringer?

It was Yamaha, right? I don't remember for sure - no products come to mind.
Yeah it was Yamaha. I'm not a lawyer but I'm going to say yes, the same could have been done to Sequential before the trademark got active use again with the Prophet~6.

In fact I wouldn't be surprised if the publicity of Sequential getting the name back is what made Behringer start digging for other classic brands that haven't been used in years..
Old 3 days ago
  #108
Gear Addict
 
RetroFunk's Avatar
 

hmm.. not sure why the hate on B, bit sad really. One comment that got me thinking, so Korg bought Vox and sell a number of products under that name. Some of the Korg-Vox products I think are a bit naff. Their Conti seems to be just another Korg (digital) keyboard with a passing resemblance to the original item. Having owned the real thing Korg have taken out all the attraction. No one seems to hate Korg, but then they are "faceless" there's generally never one single person to point fingers at with a Japanese company.

Whereas on the other hand, I do feel Beh. have tried to keep some character with the Boog, having spent time with the real thing, my Boog retains character and brings something new too, I like that. That's why I'm excited that Beh. now have the Ober. name, there's every chance that vibe will be replicated there too.
In fact if what is said about Yam/Seq is correct, I would prefer Beh to have Seq., because their end product would have been affordable and probably more.. approachable.
1
Share
Old 3 days ago
  #109
Lives for gear
 
Coorec's Avatar
Quote:
Originally Posted by dr_Jezz View Post
Even if a piece of Behringer gear said Oberheim on it ... every gear slut would know what it is vs what it was then, and that it’s nothing to do with the man who invented the company, the classics or the real brand.
In a way that would also be true for Moog Music Inc. I think its not the fact per se thats important, but what a company makes of it. Just as Moog is still developing and producing synths with great passion, so does Behringer.

Quote:
Originally Posted by kcearl View Post
News just in: Korgs bought the name "Tom"!


what a day!!
Lo, Mid, or Hi Tom?
3
Share
Old 3 days ago
  #110
Hey everyone, just a reminder that where possible we really prefer to not discuss external legal disputes here on Gearslutz... I will leave this thread up for reference for now though as the initial information is certainly interesting. Thanks for your understanding!
3
Share
Topic:
Thread Tools
Search this Thread
Search this Thread:

Advanced Search
Forum Jump
Forum Jump