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gj Michelob -> RE: "F7 Paco" by Cordoba guitars.. (Jan. 15 2015 16:29:29)
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quote:
Depends *if* the PDL estate has registered his name as a trademark to protect its use, and also *how* (i.e. what uses are protected). If not, the estate will not get a penny.
However, note in any case very interesting (careful) language used in the marketing: http://www.cordobaguitars.com/p/f7-paco
Its 'in honor' of his passing and 'inspired by several well-known instruments that were mainstays in the legendary guitarist’s collection'.
So no question of endorsement, approval, involvement etc.
And the model is called the 'F7 Paco' not the 'F7 Paco De Lucia'. I would say that is deliberate and I would bet there are no proceeds going anywhere other than Cordoba's pockets.
You make some good points, Blondie. However, the use of a Celebrity’s name and likeness is neither as simple nor as hopeless as you explain it.
Generally, unlike losers like me, Celebrities are not entitled to the same protection of privacy. For instance, we could take the name, image or video of our Ricardo Marlow and place it on any post here, without infringing his right to privacy. However, there is a strict limitation to using Celebrities’ images/names and that is Commercial Exploitation. This restriction prevents us from using Ricardo’s name or image on anything we are selling (directly or even indirectly –a picture of Ricardo in the guitar case would suffice to trigger the prohibition).
(incidentally, in the US one does not need to register a Trademark to own it and protect it, but simply need to use it in commerce).
So, Cordoba may not use the name Paco De Lucia unless he or his estate had granted license (permission) to do so.
The more difficult question is whether the name “Paco” alone (without De Lucia) is sufficient to require license for its use and exploitation.
My view is that it does. The reason is that the question to be posed to the Jury is whether the use of the name “Paco” on a flamenco guitar is likely to be perceived as an instrument endorsed by Paco De Lucia, thus causing confusion to the public. If the answer to this question of fact (not of law) is yes, then Cordoba is infringing PDL’s rights and needs to pay Royalty to the Estate of the late Paco De Lucia.
I would take the case and I am certain, would prevail.
I also agree that it is a tasteless abuse and affront to the memory of PDL to associate the name of the most talented guitarist to one of the most mediocre guitars, Cordoba.
EDIT:
This is a $500 guitar which is introduced on Cordoba's website -and through press releases- as this:
"The F7 Paco offers a unique departure from traditional flamenco guitar tonewoods. In honor of Paco De Lucia’s untimely passing last year, Cordoba’s F7 Paco is inspired by several well-known instruments that were mainstays in the legendary guitarist’s collection"
No further question, your honor!
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