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Kaman Music Corporation
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About Kaman Music Corporation Kaman Music Corporation of Bloomfield, Connecticut is the world's largest independent distributor of musical instruments and accessories. Kaman Music products include its own proprietary OVATION and HAMER guitars, the TAKAMINE guitar line, the LATIN PERCUSSION and TOCA percussion brands, GIBRALTAR drum hardware, and an extensive offering of other musical instruments and accessories. For more information about Kaman Music and its products go to www.KamanMusic.com. Kaman Music Corporation Trademarks Kaman Music has invested a great deal of time and effort developing its famous and unique products. It takes care to ensure that its products retain their reputation for high quality, including by preventing the use of its trademarks in association with non-authentic goods. Although a trademark is usually thought of as a word or a logo, a trademark can also be anything that a consumer recognizes as signifying the source of goods. For example, even if a Coke bottle does not have the words oca-Colaon it, consumers recognize the shape of the bottle and know that the contents are Coke. The same is true of the color pink for Owens Corning fiberglass insulation, or the three note series G-E-C recognized as the musical symbol for NBC. These are all trademarks registered with the U.S. Patent and Trademark Office. In addition to trademark registrations for the word OVATION, the U.S. Patent and Trademark Office has recognized the renown of the design of OVATION guitars by issuing trademark registrations for various combinations of features found on OVATION guitars, acknowledging Kaman Music exclusive rights to these features. These federal trademark rights include registrations for the distinctive shape of the back of the OVATION guitar and for the soundboard designs. The shape of the headstock of OVATION guitars is also a registered trademark, as is the rosette around the sound hole of OVATION guitars. Kaman Music more traditional trademarks include the words MONACO, TANGENT, OVATION, LP, LATIN PERCUSSION, TOCA, LEGEND, MATRIX, GIBRALTAR, SLAMMER, CELEBRITY, ADAMAS, ELITE, ULTRA, ROUNDBACK, MONTANA, HAMER, TAKAMINE, APPLAUSE, BALLADEER, and LYRACHORD. As a general rule, a trademark may only be used to refer to authentic goods. A reference in an auction title describing a guitar as vation style,ike Ovation,ound Back,or the like exploit the name recognition and reputation of OVATION guitars to sell non-authentic goods, a practice that violates various state and federal trademark laws and is also a violation of eBay listing policies. In addition, listing a guitar in the VATIONcategory of the eBay site similarly relies on the OVATION name to interest sellers in a non-authentic guitar and further misleads consumers by implying that the guitars are related in some way to the OVATION brand when they are not. It is also a violation of trademark law to sell a copy of an OVATION guitar, even if it is labeled as a copy. If a guitar has the distinctive OVATION back, headstock, rosette, or soundboard design but is not an authentic Kaman Music guitar, it cannot legally be sold. This will be true even if you are selling a used guitar. A non-authentic guitar also does not have to be identical to an OVATION guitar to be infringing. Instead, it will be a violation of the law whenever a non-authentic product is similar enough to an authentic OVATION product that consumers are likely to believe that OVATION is the source of the guitar, whether the person misled is the prospective purchaser first encountering the item or one who is mistaken about the brand of the guitar post-sale, like an audience member seeing a guitar onstage from a distance. Therefore, guitars that have an appearance similar, but not identical to, the unique design of OVATION guitars will also infringe Kaman Music trademark rights. Kaman Music participates in eBay VeRO program and regularly asks eBay to terminate auctions that infringe its valuable trademarks in the ways described above. Continued attempts to sell goods that infringe Kaman Music trademarks can cause the loss of eBay trading privileges, possibly permanently, as well as risk a trademark infringement lawsuit in federal court. Kaman Music thanks you for your understanding and your assistance in keeping eBay a fair and honest trading community. |
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