Can I give away guitars as prizes?

DivebombInc · Post by **DivebombInc** » Wed Nov 14, 2007 1:34 pm

Is it legal to give away a trademark/copyright protected material or items as prizes?
I'm accused all the time of making and selling Van Halen Guitars and it comes from a pathetic few builders that obviously don't have enough confidence in their own work to run there business based on there skills. I know I can't sell these guitars and I don't want to anyway, but I was wondering something. Can I give them away to my customers? Simply draw a name from my customer database and give them a guitar? Would this be legal? I know it would piss everyone off, but would I be breaking any laws?

45auto · Post by **45auto** » Wed Nov 14, 2007 1:41 pm

i'm quite sure that you could give one to me kyle...

DivebombInc · Post by **DivebombInc** » Wed Nov 14, 2007 1:47 pm

i bet you are!
i'm just getting tired of the guys that actually make a living breaking the trademarks and copyrights trying to throw the negative attention my way. i could put my kids through college if i accepted the offers i get, but i'm busting my ass and saving for that by selling legal products.

45auto · Post by **45auto** » Wed Nov 14, 2007 3:52 pm

i can only imagine. we have some of the same issues where i work. it seems like the guys with the most money are going to have their way.

Billy Batz · Post by **Billy Batz** » Wed Nov 14, 2007 5:35 pm

Everyone has some sort of price.

Winder · Post by **Winder** » Wed Nov 14, 2007 6:31 pm

DivebombInc wrote:Is it legal to give away a trademark/copyright protected material or items as prizes?
I'm accused all the time of making and selling Van Halen Guitars and it comes from a pathetic few builders that obviously don't have enough confidence in their own work to run there business based on there skills. I know I can't sell these guitars and I don't want to anyway, but I was wondering something. Can I give them away to my customers? Simply draw a name from my customer database and give them a guitar? Would this be legal? I know it would piss everyone off, but would I be breaking any laws?

Good question. DiMarzio contacted me a few years ago and threatened me for selling double cream pickups. You see, they own a trademark for humbucking pickups that are "yellow, resembling a distinctive shade of cream". I was informed that I cannot advertise or sell double cream pickups in the US. That said, ever now and again when a friend orders some pickups I might build them an extra one as a "gift" in whatever freakin' color I please. They didn't pay for it, I didn't advertise it, so they can ... well ... you know. If I just decide to surprise someone with a gift pickup or two - again, I do whatever I please for the same reason.

If you don't advertise "I'll be giving away a guitar with this exact paint job/pattern base on this particular famous design" I don't see why you couldn't "gift" as you please. Probably best to do some due diligence though with someone knowledgeable in trademarks.

As far as folks accusing you of such things, hey ... jealousy is so ugly, ain't it? BTW. I'll try to call tonight regarding the destroyer.

Let me know if you want to just give it to me.

St August · Post by **St August** » Wed Nov 14, 2007 7:16 pm

Hmm contact me for custom Paint schemes....Thats what I would do..

DivebombInc · Post by **DivebombInc** » Thu Nov 15, 2007 7:35 am

I thought about it and this is what I'm going to do. Every quarter I'm going to build a guitar and give it away to a customer for the hell of it. Not a contest and not advertized; just a givaway. That way nobody is entering and it's not under any contest guidelines. I can gift anything I want whenever I want. It'll just arrive on someones doorstep end of story.

RattleCat · Post by **RattleCat** » Thu Nov 15, 2007 9:22 am

Why don't you just sell empty boxes... and offer a free gift with the purchase of a box?

wdelaney72 · Post by **wdelaney72** » Thu Nov 15, 2007 1:50 pm

DivebombInc wrote:I thought about it and this is what I'm going to do. Every quarter I'm going to build a guitar and give it away to a customer for the hell of it. Not a contest and not advertized; just a givaway. That way nobody is entering and it's not under any contest guidelines. I can gift anything I want whenever I want. It'll just arrive on someones doorstep end of story.

I guess that means I better hurry up and be one of your customers.

LypsLynch55 · Post by **LypsLynch55** » Sun Nov 18, 2007 5:38 pm

wdelaney72 wrote:
DivebombInc wrote:I thought about it and this is what I'm going to do. Every quarter I'm going to build a guitar and give it away to a customer for the hell of it. Not a contest and not advertized; just a givaway. That way nobody is entering and it's not under any contest guidelines. I can gift anything I want whenever I want. It'll just arrive on someones doorstep end of story.
I guess that means I better hurry up and be one of your customers.

Kyle - how bout I send you a "guitar" (and if happens to be a cheap no-name Strat, well, you know they need a lot of work to sound 1/2way decent) and magically, it comes back in much better condition (ala the Red/White Frankey w/beak headstock....)....

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Can I give away guitars as prizes?

Can I give away guitars as prizes?

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