i'm new here but am a new builder and this has been a topic of close interest for me. Gibson, at least in the transcript does make extensive use of the term "Trade Dress" in their case.. The body shape of the single cut can be different, but to the "quick glance" when switches, pups, knobs, etc. are in identical positions the "quick glancer" can easily mistake something for something else.. classic optical illusion, your brain fills in the details your eyes miss.. we're very good at quick pattern matching. That's the danger too with fender copies, a strat pickguard with 3 pups and 3 knobs can make any body look like a strat in a quick glance. Thats what scares me.
Fender has shut down some small builders which is what is disturbing to me, like Lentz and some others.. Maybe that's just positioning so they can prove that they have been actively policing their designs when it comes time to argue their case for a design patent or shape trademark..
Someone mentioned Slash's copycat earlier.. which i read at one time was an Aria.. his favorite axe.. This made me chuckle and all I would say is that little Aria copy has sold as many Les Pauls for Gibson than probably any other guitar out there.. I doubt gibson cared a bit what slash played as long as his legions of fans all thought he played a gibson
I'm sure a lot of folks are awaiting the fate of Fenders case, as I am. Right or wrong, the vintage designs have endured for a reason, and as the companies that own them sink deeper and deeper into a quality rut, small builders that can make a copy that is actually a finely crafted guitar will always have business. From a market standpoint, that actually helps the companies somewhat. Thanks to boutique builders, you still hear recording after recording of unmistakeable strat, tele and paul sounds, whether the guitar may or may not actually be what it sounds, or looks like. My 2 cents.. This is a great thread.. hopefully it will stay free of the negativity..