Using real instrument names?

[bigcat1969]

I and a friend have been messing about with the Flame Studios guitar samples. He's been cleaning up some of the background noise and such and I'm planning on doing Kontakt versions in the Mickaël Ménager shell that works well for electric and amped instruments. Also I'm planning on doing Maize VST versions.

Now the trouble is that the original Flame Studios guitars are named after actual instruments like the Gibson Les Paul or the Fender Telecaster. I'm pretty sure I'm courting trouble by using those brand names. When I was first starting out I did a simple rough conversion using the Kontakt import and no one complained, but now I'm thinking its unwise.

Any one have any ideas on this? I was thinking of giving them more fanciful names and saying that they were derived from a particular Flame Studios guitar and using the Flame Studios samples. This would give FS the credit they deserve and let people know which guitar was sampled.

Also does anyone have good names for the guitars? I'm working on the FS Ibanez Steel String Acoustic Guitar right now. I was thinking of the Blue Rhythm Guitar based on his description.

[kbaccki]

Yes, using trademark names is a no-no. Even identifying trademarked body parts... like the silhouette of a strat headstock is a no-no. Will you be tracked down and threatened with legal action? Well, if you have an obscure, free sample set, probably not. If it's something really really good and gets a name for itself... Maybe it gets on some legal dept's radar. Worst case they send you an official looking email informing you that you're violating their trademark, and remove the names/images ASAP. You're not charging money, after all. Some manufacturers are more aggressive than others, I think. If it were me... I'd just give them appropriately descriptive names, with descriptions hinting at what they actually are... Quiz time... Classic American rock and blues guitar with a solid body, and a particular pluck and twang ... is aaaaa???? Famous American single-cutaway, solid-body rock guitar, recognized worldwide by the sound of its humbucking pickups... is aaaa?

[bigcat1969]

Thanks kbaccki. That makes sense. I like your quiz!

[MaxSynths]

Just use a generic "LP model" for Les Paul if you want to make clear what it is (this is not a problem from a legal point of view; I don't know if you have any experience with guitars but LP is the legal synonymous for Les Paul).

You can do the same for the Telecaster using "model T" in the name.

I think you can use the full model name in
the description though with a description of the original instrument if you will, if the instrument had some particular features (custom pickups etc); just put a disclaimer somewhere stating that the product is not endorsed by Gibson/Fender or wathever and that the original products and marks belongs and are a trade mark of "company name".

[bigcat1969]

Thanks. I don't have much experience so that is good to know.

Cool site you have.

[MaxSynths]

Thanks bigcat, and you are welcome

[Mike Greene]

I think MaxSynths is right that you can use the real names in the descriptions and even in the advertising (you do buy expensive ads, right? ) without any trouble. You just can't use them in your names.

[bigcat1969]

Thanks Mike. That makes sense.
Ads what are ads. I'm off to eat another peanut butter jelly sandwich... I've got to look into this monetizing thing I keep hearing about!