Be careful with the amp / company names

  • Some amp manufactures got very angry in the last days - trying to sue profile sellers for using the real brand names or pictures with logos owned by amp companies.


    Our profiles have generic names from day one and we use only self made amp pictures with removed logos.


    Even the line 'Seeking to re-create the sound of... ' was on our homepage since day 1 ...


    ... but some amp manufactures do no like us to have the real amp ames in bold letters on our homepage.


    So we removed all this and replaced this with some generic names.


    It's now a little bit harder to find the amp you are looking for - but I am sure you'll find what you need.



    As a tipp for our fellow profile sellers:
    -Do not advertise with any real amp (or amp company) names
    -Use only your own amp pictures - not pictures from the internet
    -Remove all logos
    -Be careful NOT to include any amp or amp company names in the names of the profiles

    (All trademarks are trademarks of their respective owners, which are in no way associated or affiliated with soundside.de)


    Great Profiles --> soundside.de

  • thanks armin for your post.


    It might be me but I find so cheap to sue people for mentioning a name...because this is all about: mentioning a name.


    If I would sell a fake identical to the original amp as the original one, I would understand.


    but we are selling a timbre, right? how can you patent a timbre, aka what gets to your ears? or at least what arm can do mentioning a name to a timbre?


    I don't understand...

    "...why being satisfied with an amp, as great as it can be, while you can have them all?" michael mellner


    "Rock in Ecclesia" - new album on iTunes or Google music


  • From the amp manufacturers viewpoint, I can certainly understand wanting to protect their business. Not that legal action is good business in and of itself, but it is probably just a signal that they feel their business is in some way threatened by the kemper - which may have some merit, after all.


  • What about Bugera an their clones? Sometimes they are making 1:1 clones.

  • What about Bugera an their clones? Sometimes they are making 1:1 clones.


    That's not the point. The point is that they (those who copy amp circuits) don't use registered trademarks in order to promote their products. No one can sue you for making and selling profiles. But you are not allowed to use the protected logos and company names in order to promote your profiles.

  • What about Bugera an their clones? Sometimes they are making 1:1 clones.


    But that is fairly clean-cut legal wise, I think. I don't think any "regular" tube amp is patentable, it's just not possible to make something that's not just "state-of-the-art". So you can't really sue anybody making tube amp clones. UNLESS they infringe on trademarks and the like.


  • That's why I have this disclaimer on bigcartel


    Legal detail:



    "All product names, images & profiles, will have different (Generic) names, taggs (than the original profiled amps) and will be without logos of the "original" amp, due to licensing reasons!
    They are the property of their respective owners! Which are in no way associated or affiliated with SoundLab KPA Tones!"



    And will do the same thing as you did with naming the packs.


    Thanks!

  • Ah, the old standby. Lawyering up.


    The big amp companies can't - or won't - go after Kemper, so they'll go after the small amp profilers in an attempt to disrupt the thriving ecosystem and the general Kemper community. Asshats.

  • It's not really anything sinister or greedy, it's just that all companies that own trademarks must protect those trademarks in order to keep them. So if they stand back and don't say anything, they are risking losing the rights to them and somebody else can start using them with no recourse. Usually they won't go any further than a 'cease and desist' letter from their legal team.

  • It's an ethical grey zone, not completely black and white as some seem to present it. A lot of hard work and financial risk goes into developing a quality amp, and I hope those companies can stay in business.

  • It's an ethical grey zone, not completely black and white as some seem to present it. A lot of hard work and financial risk goes into developing a quality amp, and I hope those companies can stay in business.


    Exactly! That's why is better to use generic names, your own photos of amps with no logo or actual name. And post legal disclaimer etc etc... people will still understand what packs are based on what amps. Cause almost in 99% all the amp sims are based on real amps. Some even has the same look...

  • Be careful with the amp / company names[/url]']all companies that own trademarks must protect those trademarks in order to keep them. So if they stand back and don't say anything, they are risking losing the rights to them and somebody else can start using them with no recourse.


    This.


    They could also argue that, by placing the Mesa logo and a picture of the amp on your profile site, customers might think Mesa endorses the profiles.

  • I saw this coming but waited until now. THX for reminding me, @Armin !!! ;- )So Right now I changed all our profiles to something like this (see pic) and also the important note:
    For licensing reasons, similar-sounding brand names are used here. Of course, but the original brands were used during the profiling process!
    AND
    All used company names, label names and registered trademarks on this website are property of their owners and only used for identification and description of products and achievements.


    So I guess everybody should know what it actually means :-D

  • You would think a simple "licenced" by arrangement would sort this out or endorsed by XYZ amps? Looking at the bigger picture you can see artist/band profiles or live tour profiles being available the same way. Dare I say it how about AXE FX effects under licence to Kemper!!!! Lol.

  • I saw this coming but waited until now. THX for reminding me, @Armin !!! ;- )So Right now I changed all our profiles to something like this (see pic) and also the important note:
    For licensing reasons, similar-sounding brand names are used here. Of course, but the original brands were used during the profiling process!
    AND
    All used company names, label names and registered trademarks on this website are property of their owners and only used for identification and description of products and achievements.


    So I guess everybody should know what it actually means :-D


    Same here!!! I think this should be done by all people who sell their profiles.



    As much as it annoys us as regular users, I think I know (partly) why these companies do this.
    At least in Germany, as the owner of a trademark you are required to actively defend this trademark (legally) to avoid the risk of loosing the legal protection of a registered trademark.


    Exactly! They have every right to do so. Making a generic names for products that doesn't have "original" name or logo which are protected should be fine/safe. Or am I wrong? ?(