Albany, OR asked in Copyright and Trademark for Oregon

Q: I'm in a guitar build site and the question is one of trademarks.

If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?

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1 Lawyer Answer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
  • Intellectual Property Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.

Otherwise, I would venture that even by just putting it on there, there could be some liability; but if it is purely for personal use, then it is unlikely Fender ever finds out to go after you for trademark infringement.

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