In the late 90's early 2000's there was a dude that had a company online called Rols Guitars. He would build custom ordered EVH replicas. Frankenstrat, Bumblebee, 5150, 1984 and the Shark. Very nicely built and accurately painted guitars as I bought a Frankenstrat replica from him way back in 2000. He would even custom paint Music Man and early Wolfgangs in whatever EVH colors you wanted. Just a one man shop just earning a bit of cash on the side by building and painting guitars. In the early 2010's I emailed him as I wanted to order a 5150 Kramer replica and was informed that he got a cease and desist order from EVH and was no longer doing anything EVH related. I even tried to persuade him and keep it on the the down low but he said no way. Apparently the EVH lawyers put the fear of God in him so I guess that there was a time where EVH was going after the little guy, sadly.
Yes always wondered what happened to that guy he had an awesome collection of vh guitars he made that at the time where rare to see. I think I remember him telling me after Vh lawyers he was allowed to make a striped guitar for himself but not to sell anywhere as any sort of business!
A lot of places won’t even paint YOUR guitar like a EVH. There was a shop in Florida that I know did them. Got a price and everything to get my Les Paul done up. Later on, he said he couldn’t do them anymore. I did find one place in Austin, TX that would do it on the down low. 😉
that's kind of how I see these sub-$300 guitars: a pre-painted/finished base kit for modification. I've learned a lot and experimented on these in ways I'd NEVER do with a $2000 guitar
They mass produced the guitar for sale and literally called it ‘VH’ color on their webpage description when it came out. Unlike some of their other ‘inspired’, this one crossed the line as that pattern or close to it is highly trademarked. My guess is FF got hit with a C&D from Fender/EVH. Will be interesting if they try making more or if they just stick to the solids.
I mean yeah the band logo is VH and the striping is a direct rip I love budget guitars and superstrats but if its going to be a Frankie rip off either I am doing it my self or buying an EVH branded.
Great video man, always great to hear from professionals about these topics I definitely learned some things. I build a lot of custom replica (tribute) guitars and wonder if I'm crossing lines even though I'm not producing quantity.
This was such a great video and one that I wanted to see. I wouldn't worry about brand dilution as there is a big difference between the two authentic EVH's that I own and the Firefly I bought in the last ones they sold. Although it looks beautiful, there are some important quality checks that were not done on my copy that include the tremolo claw screws being significantly uneven which contributes to the guitar not holding tune. That said, for the money I will re-drill the holes and fix myself as the neck is fantastic as well as the paint job.
I dont know man - I think it hits dead on brand dilution and I didnt (before now) know that brand dilution was a thing. I always wanted an EVH guitar just for the look (Im not a Floyd Rose player) but didnt really want to spend $1500+ for one for it to just hang on the wall - even though I could afford it. I would buy one of these because its close enough to the look in spirit and at less that $200, it wouldnt hurt my feelings for it to just hang on the wall - thats the definition of brand dilution. This guitar at less than $200 will take me out of the market for buying an EVH guitar at $1500+.
@@joecoach7268 Yep. Perfect thing if that's what you want to do with it. And yes, the paint colors + striping style + body shape etc. , these would likely be the angle EVH lawyers would come at them on regarding brand dilution. Not build quality. Part of the problem some others on here can't see past is that someone who's a fan and a guitarist or guitar player as well as mature and /or experienced enough will know the difference. But that's not everyone. They would bring suit b/c they understand that not everyone may realize the difference. Plus it's just the good old saying, give them an inch, they'll take two. Give them two inches, they'll take 3. It's cheaper to smack down these things early, before it starts costing real money to deal with in the future. Get one while you can. Hang it and enjoy. It ain't against the law to buy and possess one! LOL!
@@wingnutbert9685 You hit the nail on the head. "I" know that its not a true EVH paint scheme - there are tons of "purposeful inaccuracies" but I attend a lot of zoom video meetings for my job and anyone that would see it hanging in the background would immediately associate it with Eddie and Van Halen, and maybe even think that it was an expensive guitar if they had any idea what a true EVH costs - and - it would make sense to them that it could be real because I have expensive guitars. For me, its not about the authenticity because I wont play it, but if it was I would but the EVH model because I can. I will add this - I dont have any bad feelings toward Firefly (and I refuse to buy a fake of any guitar for any reason) - at least they are proud enough of their brand to still make it their own with some of the style aesthetics and put their own logo on the headstock, it just really gets hazy at a glance which I think is the point of all this discussion. I will probably buy one if I can get one - I actually caught them available twice and passed both times, but they are so cheap that I am in the "why not" space with the decision now.
Typically when firefly sells out a guitar they usually take it off their website i doubt it gas anything to do with lawsuit anyways they said its a limited run ive been following them awhile
@@TheSupart91FF removing after sold out is fairly normal. If it stayed up, that _might_ mean there may be a new drop the next day sometimes.. If gone, they may do another run, but I'm guessing there'll be a cease & desist letter & FF halts production. Some people may have a rare guitar then.
I seen eBay and Reverb listings for all three version’s ranging from $ 450.00 and as high as $ 650.00…which I knew was going to happen….I manage to get the non relic Kramer version from Firefly…but it’s very much a $ 260.00 guitar to pay these outrageous aftermarket mark ups is unfortunate…..🎸🤘🎶😬
Another great video. NOBODY will mistake this for an actual EVH guitar. I'm fine with Firefly doing this because not everyone can afford and EVH. Certainly not one of the replicas they did years ago. This is just a cool way to get an Eddie look without breaking bank. And anyone that thinks Firefly = EVH in quality is out of their damn minds. I like what Firefly is doing, but they are never going to be a replacement. They are I want a cheap guitar that looks like what I really want, but I'm not willing or able to go all in.
I got the last round they made right before selling out. Wish it had the painted/matching headstock like yours does, but otherwise, it's shockingly good for the $.
So the black FFLG With the cross inlays could have the same issue since its like a Tony Iomi Epiphone/Gibson guitar. Which in my opinion the FFLG is probably a nicer guitar due to thr stainless steel frets.
I found it interesting the attorneys focused solely on customer confusion, which is the basic test for trademark infringement. I would like to hear an analysis on copyright infringement, as they are two different things. Trademark protections are to prevent customers from being misled as to the manufacturer of a product while copyright offers protection for original works of art, allowing artists to earn income from sales/licensing of their pieces for a period of time. The Frankenstein Strat paintjob seems to have a foot in both worlds. Eddie Van Halen created the striped paint as an original work of art, which usually establishes copyright protections, but the paint job later became an identifier of particular guitar offered for sale commercially which invoked trademark protections. Copyright law has changed over the years, but the least time I checked, copyright expires 70 years after the death of the author.
Legal or not, I’ll get subjective. I do know that if I had to have a single-pickup electric guitar, it wouldn’t be one visually referencing Edward Van Halen’s design. A former colleague once speculated that getting a close duplicate of the Brian May Red Special would lead to people calling out for Queen covers (if they yelled for anything other than *”FREEBIRD!”.* If people hopped the stage or the bandstand rocking this Firefly or other EVH emulation models, I think the chances are better that passers by would shout out for “Eruption” or “Hot for Teacher”.
I doubt anyone playing a live gig would play a guitar that cost $280. 😆 Although I see your point. I play an EVH Wolfgang guitar in a bar band, but few people would notice it's "an Eddie Van Halen guitar". I also have a Steve Vai Ibanez JEM77FP. Which has a very distinctive look that makes it recognizable as a "Steve Vai guitar". I've never used it live as I don't want people yelling out to "Play some Steve Vai!" 🤣
Salutations Max! Thanks for looking into the legal ramifications of guitars like these! I just got to ask, is that a P-38 Lightning ⚡️ in the background there? I fly RC model airplanes myself, and I noticed that airplane in the background and it sure looks like a P-38 Lightning ⚡️. Thanks for sharing! Please have an excellent and awesome day! ☀️✨🎸
A bit more detail: there is part of trademark case law that owners may loose some "legal standing" for lack of a better term if they do not attempt to stop unauthorized trademark use. So I'm guessing Firefly got a letter. And EVH already has attorneys on retainer, and EVH company has plenty of money, so those are not constraints. as attornery said its a civil matter , and IP, trademarks, copyrights can be gray areas. Often times to parties will come to some agreement. But this appears to be a direct copy and is the same core product , a guitar.
This is a good point. Brand names can legally become generic if the brand owner can’t prove it has protected its brand. Aspirin, for example, used to be a brand name. I used to write for a trade magazine, and in one article, I mentioned Velcro, and I capitalized it because it’s a brand name. Journalistically, I’m set; I respected the brand name, and that’s all I have to do. Shortly thereafter, I received a letter from Velcro with a brochure that I’m sure they send to every publication that mentions their product. They explained that they wanted me and everyone else to refer to their product as “Velcro® brand hook-and-loop fastener.” I don’t believe they honestly expect anyone to follow these instructions, and I certainly never did. But because they sent me that letter, if the FTC or whoever comes to them and says, “Hey, you didn’t protect your brand; we’re going to let your trademark expire,” they can turn around, show the government the giant stack of letters they send out with religious zeal and say, “The heck we didn’t!”
I'm really surprised they haven't went after Stryper for their black and yellow guitars that have similar pattern but maybe because the colors are different? I don't know but the signature Michael Sweet guitar has a very similar striped pattern.
It's an arguably different enough pattern, likely made before EVH's patent. Also, Michael Sweet's guitars are usually not typical van halen shapes. They're more pointy metal shapes like rhoads style Vs and Jackson kellys. The strat types he does play are more pointy metal strats with a slightly different enough pattern to likely not draw the ire of evh. they also probably don't care tbh.
I Ordered a Cream Colored one After I saw your Video about this Guitar The EVH style was already sold out And I ordered it 2 days after seeing that video
I remember about 10-12 years ago; I had a Peavey 5150 amp, that I had custom painted the front panel on; with the Frankie stripes. I eventually put it on eBay to sell, as I had moved on to another amp; and the listing got taken down - and I actually received a C & D email from EVH’s lawyers 😂 In summary, yea; they can definitely threaten you.
I wanna jam with these lawers man, now I want one of those axes though not gonna lie, EVH always said that he kept changing his axe because he was tired of people copying it, lol I don't care, I want one, Great video man, shoulda pulled a quick jam on that bad boy, call the jam cease and desist, haha
The key with this model and other Firefly Guitars in general is that before EVH could even think about sending a cease and desist letter, they were already sold out. This isn't a normal production model, but a limited run. Surely they could make more if demand is there, but they are not sitting on thousands of guitars in unsold inventory.
As for the colour and striping, I guess it can be compared to sunburst or any type of burst for that matter. It is a concept and the manufacturers use it. Same goes with the design. Everyone knows what strat-, tele-, sg-, les paul, 335 and so on means when it comes to the shape of the guitar. The thing is that Eddie Van Halen and the band Van Halen are still a fairly recent thing considering the nature of the guitar universe which is Puristic with capital P. Simultaneously, there exists a whole generation or two of people who don't know guitar from baseball bat let alone Eddie Van Halen, the whole thing less than flash in a pan. If my memory serves me, there have been several EVH signature guitars in various styles and the stripes cover only a certain part of the career.
I have 4 Firefly "tribute" guitars, they are obvious, but lack exact markings: BB King's Lucille, Prince's Mad Cat, John5's "Ghost", and Stevie Ray Vaughan's "Number One". They play great, look great, and are different enough to avoid a lawsuit, but close enough to make me pay $ for them. I skipped the EVH because I'm a fan of the man but not the look of the guitar. That said, I felt it needed to have an empty middle pickup cavity and have a single coil neck pickup to be a legit Frankenstein copy.
Yeah I don't do signatures unless they are the real thing. I have an amazing Frankie its a MIM Charvel doesn't look anything like an EVH but gets all those great tones and has a great neck that makes you want to play VH tunes on it. And I don't feel like I disrespected Eddie in the process
So I see this going into the "wrist slap" territory. Still, I would buy a FFST, more because next month I will buy my own gift, since no one will. I do have a guitar fetish... Speaking of which BTW, I plan to get a Slick SL57 with a Neovin on the bridge. Swing by my humble channel to checkout next month, and tell me what you think. And yes, I will get a Firefly eventualy!
EVH as the brand in its own right own the IP for the Artwork and syle of the guitar. Even down to the pickup and wiring being on show with no scratch plate.
@vorpalblades Sorry, what I wrote was badly worded. It's IP in as much as to the esthetic of the instrument. Not literally the wires. If you know the guitar you know what I mean.
If I were a judge, I would completely throw out the "brand dilution" argument as well. Someone who wants an EVH official guitar is going to pony up the $1,500+ to buy one. Someone who doesn't will buy the Firefly, and would likely never buy the EVH. The people who can pony up the money may buy both, one, or none, but that choice will never come down to "oh it looks like an EVH, so it must be." It's just basic logic. EVH and Firefly target two entirely different demographics, so there's no possibility of brand dilution.
Not really how the process words but let me point out that a good number of people who might support the EVH brand otherwise will get something like the Firefly and mod it when otherwise they would have considered buying the real deal. For me its more about respect. If I put my own Frankie together and EVH saw me playing a gig I would be proud to say he inspired me. How would you feel if he walked in while you were playing a knock off? its really that simple for me
@@I.am_Groot Exactly. Brand Dilution is about devaluing the name Reputation and overall value, not guitar vs guitar price specifically. EVH himself, is arguably THE most image to fame associated musician by volume on the 20th Century, followed by other greats such as Hendrix, Stevie Ray, Brian May, BB KING, etc. RIP ELVH 🎸🎶🔥
It is derivative at best. Reminds me of the Monster Cable law suits. They went around and bullied a bunch of people to much success, and then tried that on a cable company who's owner did patent law for like 20 some odd years, and he let them have it. Then posted it all on his website.
true the cost time and effort,,,,I think if they copied better with no firely brand name on head stock fire fly should make a Jimmy Paige 59 les paul and a Hendrix model and a clapton SG with the 1960s hippy art on it,,,, SG means solid guitar fun fact
Note as the attorney said , these are civil court issues around copy rights. So say you made one, as an artist/hobbyist , not selling them, no EVH logo, but same paint scheme. And you made a social media post on your work. Could EVH send you a cease and desist letter, sure that's easy, they already have those ready to go. Would they do that , I doubt it. Journalism and artistic tributes/omage are given a lot of leeway in copyright cases.
The paint scheme is legal. Yes, it is most definitely inspired by Eddie’s Frankenstein, but it does not “copy” it. This representation is close but just enough off to not get sued.
Check out the App guitar built by Mr. O.W. Appleton in 1941, before WWII. Looks to me like Gibson copied this single cutaway style from him. There’s a website. You can hear this guitar on UA-cam played by Merle Haggard’s former player. Also you can check out Bigsby’s single cutaway guitar built in 1945. Gibson is lawsuit happy. Fender headstock looks a lot like Bigsby’s. I guess Dean guitars lawyer never saw this.
I managed to score the non relic Kramer version from Firefly…it’s interesting to note that when there’s available versions of this guitar it’s nowhere to be found on the website. I figure it’s to keep from getting contacted from EVH. 🤔🎸🤘🎶
Going after Firefly doesn't even have to be about damages/deep pockets or even winning. It could easily be about getting them to spend all their money defending a lawsuit, i.e., bankrupting them out of business and sending a message to others in the industry. It really depends on how aggressive EVH's estate wants to defend their brand. I would be surprised if Firefly does *not* receive a cease and desist at some point. EVH obviously isn't just a man these days, it's a business.
Saw one on ebay & the black stripes was too small. I think these producers that are copying do go to a certain length where only those who are die hard fans or producers of guitars can tell the difference... Remember japanese made lawsuit guitars?
So this guy's trying to say,.....if someone builds guitars and person buying the guitar wants to pay the builder to paint it up like an Eddie Van Halen guitar,...it's illegal ! ? ! ?....George Lynch wanted tiger stripes on his guitar,....so I guess ESP is the only company that should be able to put tiger stripes on their guitars.
He’s not a very good lawyer if he thinks that suing over trademark infringement is about to pay out. As Gibson and Fender have learned, if you don’t protect your trademarks, you lose them. Trademark lawsuits are about protecting your trademark because the law says if you don’t protect it, you lose it.
I believe in intellectual property rights. There wouldn't be very many new ideas without those rights. I hope that I own some intellectual property rights someday.
Appreciate the discussion and in most cases the argument that 'well everyone makes a strat' but this is a red/white/black stripe single pickup shredder. Those did not exist before Eddie and the design is absolutely generating revenue off something he created a demand for so I am a no on playing or owning one. Some things don't need to be illegal for us to do the right thing.
i am kind of doubting there will ever be a law suit or even a cease and desist order. Simply because a guitar player who was an EVH fan and really wants an EVH guitar will buy the authentic guitar. A beginner guitar player who wants to look like EVH will start off with the FireFly guitar and then eventually buy the real thing.. Just my feeling.
Not illegal if you tell someone that you are selling it to that it s fake.. it's not a bad guitar either may not have fender quality or Kramer but not bad for the price.
Guys, that Guitar isn’t even close to a Strat. A Strat has three single coil pick ups. That has a single Humbucker in the bridge position. The Strat has a unique headstock. This Firefly headstock doesn’t look anything like it. The only thing that is similar to the EVH, is the paint job. And even that is pretty different if you look closely. As far as I know, racing stripes on a car cannot be copywritten. Why would stripes on a guitar be any different?
Here, lemme append. Firefly is a Chinese company. If you send them a cease and desist, and they ignore it completely (which they might not do, IYV, a Korean company with a Vietnamese factory, stopped making the Brian May copy), then you're at the mercy of international law regarding copyright violations and enforcement via the Chinese government. And that doesn't have a great history. So they may keep right on making em.
Wow,,, this is an obvious ripoff but, To be fair many people have been copying the pattern for a long time I think this is mainly the same problem as the chibson thing, this could absolutely dilute the brand. It's going to make the evh be seen as cheap . I own two evh guitars and and I bought them open box online so it's not a lot much more $$ to save up to get an evh used I still think Van Halen fans may buy the firefly just to have it as an item, maybe something to tinker with and mod. I think the closest guitar that might cause brand confusion is the Kramer(Gibson produced) diver down "84" which I don't know if they still make it anyway but it shares more features and is named after a Van Halen album and had the same headstock as the 5150 evh
I always think it is tacky that the whole identity of a person get's boiled down to a brand. But of course once lawyers, marketing ppl & ppl wanting to make money off a brand get together then they will make sure nothing get's "a cut" of that brand. To me this guitar is simply a homage to what everyone knows EVH played. If say a company tried to sell this for over $1k obviously with higher specs to justify the price increase then maybe it would be justified to stop them trying to sell a guitar that way. But even then it's only a homage.
Dilute the market? Maybe but somebody that's going to pay under $200 for a guitar is not going to buy $1,000 guitar. And somebody that has $1,000 for guitar is going to buy $1,000 guitar because of the status it holds.
As always, thanks for having us on the channel!
So if they change the stripes it should not be illegal at all.
@@captainkirk70 if they did a more original pattern it's probably better for everyone
I enjoyed the outside the box of this video. Always good to get another perspective on any issue. Thanks 😊
Glad you enjoyed it!
I have a Firefly LP that’s amazing right out of the box. Didn’t even set it up.
In the late 90's early 2000's there was a dude that had a company online called Rols Guitars. He would build custom ordered EVH replicas. Frankenstrat, Bumblebee, 5150, 1984 and the Shark. Very nicely built and accurately painted guitars as I bought a Frankenstrat replica from him way back in 2000. He would even custom paint Music Man and early Wolfgangs in whatever EVH colors you wanted. Just a one man shop just earning a bit of cash on the side by building and painting guitars. In the early 2010's I emailed him as I wanted to order a 5150 Kramer replica and was informed that he got a cease and desist order from EVH and was no longer doing anything EVH related. I even tried to persuade him and keep it on the the down low but he said no way. Apparently the EVH lawyers put the fear of God in him so I guess that there was a time where EVH was going after the little guy, sadly.
Man, that gives me such mixed feelings....
I get it, EVH and his people own the IP, but who was he hurting...
Stinks, but if EVH does not enforce the IP the patent can be found invalid.
Yes always wondered what happened to that guy he had an awesome collection of vh guitars he made that at the time where rare to see. I think I remember him telling me after Vh lawyers he was allowed to make a striped guitar for himself but not to sell anywhere as any sort of business!
Unfortunately the EVH lawyers powers do not extend to counterfeit guitars made overseas in Chinatown
A lot of places won’t even paint YOUR guitar like a EVH. There was a shop in Florida that I know did them. Got a price and everything to get my Les Paul done up. Later on, he said he couldn’t do them anymore.
I did find one place in Austin, TX that would do it on the down low. 😉
I have a firefly buckethead and its pretty great. Upgraded all the parts though
that's kind of how I see these sub-$300 guitars: a pre-painted/finished base kit for modification. I've learned a lot and experimented on these in ways I'd NEVER do with a $2000 guitar
I wish they would make them with the EVH pattern but in different colors.
They also have them in green or purple as well
They mass produced the guitar for sale and literally called it ‘VH’ color on their webpage description when it came out. Unlike some of their other ‘inspired’, this one crossed the line as that pattern or close to it is highly trademarked. My guess is FF got hit with a C&D from Fender/EVH. Will be interesting if they try making more or if they just stick to the solids.
I mean yeah the band logo is VH and the striping is a direct rip I love budget guitars and superstrats but if its going to be a Frankie rip off either I am doing it my self or buying an EVH branded.
Great video man, always great to hear from professionals about these topics I definitely learned some things. I build a lot of custom replica (tribute) guitars and wonder if I'm crossing lines even though I'm not producing quantity.
This a very good explanation. Remember when Wayne Charvel made a guitar like this and got a cease and desist letter?
This was such a great video and one that I wanted to see. I wouldn't worry about brand dilution as there is a big difference between the two authentic EVH's that I own and the Firefly I bought in the last ones they sold.
Although it looks beautiful, there are some important quality checks that were not done on my copy that include the tremolo claw screws being significantly uneven which contributes to the guitar not holding tune. That said, for the money I will re-drill the holes and fix myself as the neck is fantastic as well as the paint job.
Brand dilution isn't based just on build quality/parts. Visual representation is a big part of it, if not the overwhelming part.
@@wingnutbert9685 Great point. The visual representation is especially the case here as you said.
I dont know man - I think it hits dead on brand dilution and I didnt (before now) know that brand dilution was a thing. I always wanted an EVH guitar just for the look (Im not a Floyd Rose player) but didnt really want to spend $1500+ for one for it to just hang on the wall - even though I could afford it. I would buy one of these because its close enough to the look in spirit and at less that $200, it wouldnt hurt my feelings for it to just hang on the wall - thats the definition of brand dilution. This guitar at less than $200 will take me out of the market for buying an EVH guitar at $1500+.
@@joecoach7268 Yep. Perfect thing if that's what you want to do with it. And yes, the paint colors + striping style + body shape etc. , these would likely be the angle EVH lawyers would come at them on regarding brand dilution. Not build quality. Part of the problem some others on here can't see past is that someone who's a fan and a guitarist or guitar player as well as mature and /or experienced enough will know the difference. But that's not everyone. They would bring suit b/c they understand that not everyone may realize the difference. Plus it's just the good old saying, give them an inch, they'll take two. Give them two inches, they'll take 3. It's cheaper to smack down these things early, before it starts costing real money to deal with in the future.
Get one while you can. Hang it and enjoy. It ain't against the law to buy and possess one! LOL!
@@wingnutbert9685 You hit the nail on the head. "I" know that its not a true EVH paint scheme - there are tons of "purposeful inaccuracies" but I attend a lot of zoom video meetings for my job and anyone that would see it hanging in the background would immediately associate it with Eddie and Van Halen, and maybe even think that it was an expensive guitar if they had any idea what a true EVH costs - and - it would make sense to them that it could be real because I have expensive guitars. For me, its not about the authenticity because I wont play it, but if it was I would but the EVH model because I can. I will add this - I dont have any bad feelings toward Firefly (and I refuse to buy a fake of any guitar for any reason) - at least they are proud enough of their brand to still make it their own with some of the style aesthetics and put their own logo on the headstock, it just really gets hazy at a glance which I think is the point of all this discussion. I will probably buy one if I can get one - I actually caught them available twice and passed both times, but they are so cheap that I am in the "why not" space with the decision now.
You definitely got us all roped up into it lol They got a lot of unwanted attention lol Went from sold out, to just disappearing last I checked lol
yeh I can't find one anywhere whether it's here in the states or else where.
Typically when firefly sells out a guitar they usually take it off their website i doubt it gas anything to do with lawsuit anyways they said its a limited run ive been following them awhile
This model has been sold out on their site for weeks.
@@TheSupart91FF removing after sold out is fairly normal. If it stayed up, that _might_ mean there may be a new drop the next day sometimes..
If gone, they may do another run, but I'm guessing there'll be a cease & desist letter & FF halts production.
Some people may have a rare guitar then.
I seen eBay and Reverb listings for all three version’s ranging from $ 450.00 and as high as $ 650.00…which I knew was going to happen….I manage to get the non relic Kramer version from Firefly…but it’s very much a $ 260.00 guitar to pay these outrageous aftermarket mark ups is unfortunate…..🎸🤘🎶😬
Another great video. NOBODY will mistake this for an actual EVH guitar. I'm fine with Firefly doing this because not everyone can afford and EVH. Certainly not one of the replicas they did years ago. This is just a cool way to get an Eddie look without breaking bank. And anyone that thinks Firefly = EVH in quality is out of their damn minds. I like what Firefly is doing, but they are never going to be a replacement. They are I want a cheap guitar that looks like what I really want, but I'm not willing or able to go all in.
Gamma Ray t-shirt with Kai playing his V! Nice!
I got the last round they made right before selling out. Wish it had the painted/matching headstock like yours does, but otherwise, it's shockingly good for the $.
SAME. I REALLY wanted the painted headstock, a little disappointed, but still a great guitar for the price.
So the black FFLG With the cross inlays could have the same issue since its like a Tony Iomi Epiphone/Gibson guitar. Which in my opinion the FFLG is probably a nicer guitar due to thr stainless steel frets.
WOW Gamma Ray shirt! One of my favorite bands. Cool to know you are a fan, as they are a very unpopular band.
I found it interesting the attorneys focused solely on customer confusion, which is the basic test for trademark infringement. I would like to hear an analysis on copyright infringement, as they are two different things. Trademark protections are to prevent customers from being misled as to the manufacturer of a product while copyright offers protection for original works of art, allowing artists to earn income from sales/licensing of their pieces for a period of time. The Frankenstein Strat paintjob seems to have a foot in both worlds. Eddie Van Halen created the striped paint as an original work of art, which usually establishes copyright protections, but the paint job later became an identifier of particular guitar offered for sale commercially which invoked trademark protections. Copyright law has changed over the years, but the least time I checked, copyright expires 70 years after the death of the author.
One of the best guitar channels
That's crazy man. Definitely interesting.
Hey Max, when we gettin this album ????
Hey there! I'm sorry that it's so delayed. I am working on it. I will post an update soon!
Very interesting and informative discussion.
Awesome Gamma Ray shirt! Kai Hanson is so underrated.
Legal or not, I’ll get subjective. I do know that if I had to have a single-pickup electric guitar, it wouldn’t be one visually referencing Edward Van Halen’s design. A former colleague once speculated that getting a close duplicate of the Brian May Red Special would lead to people calling out for Queen covers (if they yelled for anything other than *”FREEBIRD!”.* If people hopped the stage or the bandstand rocking this Firefly or other EVH emulation models, I think the chances are better that passers by would shout out for “Eruption” or “Hot for Teacher”.
100 percent!
Especially the freebies thing.
I doubt anyone playing a live gig would play a guitar that cost $280. 😆 Although I see your point. I play an EVH Wolfgang guitar in a bar band, but few people would notice it's "an Eddie Van Halen guitar". I also have a Steve Vai Ibanez JEM77FP. Which has a very distinctive look that makes it recognizable as a "Steve Vai guitar". I've never used it live as I don't want people yelling out to "Play some Steve Vai!" 🤣
Salutations Max!
Thanks for looking into the legal ramifications of guitars like these!
I just got to ask, is that a P-38 Lightning ⚡️ in the background there? I fly RC model airplanes myself, and I noticed that airplane in the background and it sure looks like a P-38 Lightning ⚡️.
Thanks for sharing!
Please have an excellent and awesome day!
☀️✨🎸
Yes, it is! And thanks!
Ive noticed Firefly guitars like this being reviewed but i never see them on there site are they on Amazon?
A bit more detail: there is part of trademark case law that owners may loose some "legal standing" for lack of a better term if they do not attempt to stop unauthorized trademark use. So I'm guessing Firefly got a letter. And EVH already has attorneys on retainer, and EVH company has plenty of money, so those are not constraints.
as attornery said its a civil matter , and IP, trademarks, copyrights can be gray areas. Often times to parties will come to some agreement. But this appears to be a direct copy and is the same core product , a guitar.
This is a good point. Brand names can legally become generic if the brand owner can’t prove it has protected its brand. Aspirin, for example, used to be a brand name. I used to write for a trade magazine, and in one article, I mentioned Velcro, and I capitalized it because it’s a brand name. Journalistically, I’m set; I respected the brand name, and that’s all I have to do. Shortly thereafter, I received a letter from Velcro with a brochure that I’m sure they send to every publication that mentions their product. They explained that they wanted me and everyone else to refer to their product as “Velcro® brand hook-and-loop fastener.” I don’t believe they honestly expect anyone to follow these instructions, and I certainly never did. But because they sent me that letter, if the FTC or whoever comes to them and says, “Hey, you didn’t protect your brand; we’re going to let your trademark expire,” they can turn around, show the government the giant stack of letters they send out with religious zeal and say, “The heck we didn’t!”
When he spoke of brand dilution, the retail side would consider it "flooding the market" quality would not come into play I wouldn't think?
I'm really surprised they haven't went after Stryper for their black and yellow guitars that have similar pattern but maybe because the colors are different? I don't know but the signature Michael Sweet guitar has a very similar striped pattern.
It's an arguably different enough pattern, likely made before EVH's patent. Also, Michael Sweet's guitars are usually not typical van halen shapes. They're more pointy metal shapes like rhoads style Vs and Jackson kellys. The strat types he does play are more pointy metal strats with a slightly different enough pattern to likely not draw the ire of evh.
they also probably don't care tbh.
They haven’t gone…
…after them?
Good stuff brother 🤘💪⚡️
do they make the same guitar without the evh paint job?
yes.
I Ordered a Cream Colored one
After I saw your Video about this Guitar
The EVH style was already sold out
And I ordered it 2 days after seeing that video
Did you get it and how is it?
I say it is more like the Kramer mainly because it doesn't have the strat routes filled with dummy neck pickup, 5 way and all the other odd goodies
3:49 - The shoe is the Nike Dunk Low…
Firefly are great for what they are.
I remember about 10-12 years ago; I had a Peavey 5150 amp, that I had custom painted the front panel on; with the Frankie stripes.
I eventually put it on eBay to sell, as I had moved on to another amp; and the listing got taken down - and I actually received a C & D email from EVH’s lawyers 😂
In summary, yea; they can definitely threaten you.
I wanna jam with these lawers man, now I want one of those axes though not gonna lie, EVH always said that he kept changing his axe because he was tired of people copying it, lol I don't care, I want one, Great video man, shoulda pulled a quick jam on that bad boy, call the jam cease and desist, haha
your channel's header photo patriallly shows a fiddle, (black w/red accents) that I couldn't find in any of your vids, what is it?
The key with this model and other Firefly Guitars in general is that before EVH could even think about sending a cease and desist letter, they were already sold out. This isn't a normal production model, but a limited run. Surely they could make more if demand is there, but they are not sitting on thousands of guitars in unsold inventory.
They make good guitars
The Portland Trailblazers colors are also Red, White, and Black, so if any of them turned up with the shoes, they'd actually match.
So is the Nazi flag...
You can buy a exact copy to the T EVH Frankenstein electric guitar
Ive been thinking since the first video they wont be around long.
As for the colour and striping, I guess it can be compared to sunburst or any type of burst for that matter. It is a concept and the manufacturers use it. Same goes with the design. Everyone knows what strat-, tele-, sg-, les paul, 335 and so on means when it comes to the shape of the guitar. The thing is that Eddie Van Halen and the band Van Halen are still a fairly recent thing considering the nature of the guitar universe which is Puristic with capital P. Simultaneously, there exists a whole generation or two of people who don't know guitar from baseball bat let alone Eddie Van Halen, the whole thing less than flash in a pan. If my memory serves me, there have been several EVH signature guitars in various styles and the stripes cover only a certain part of the career.
Love the lawyer's guitars, they just need to have a pink gibson les paul 💅
Where can we buy it
Please help me
I have 4 Firefly "tribute" guitars, they are obvious, but lack exact markings: BB King's Lucille, Prince's Mad Cat, John5's "Ghost", and Stevie Ray Vaughan's "Number One". They play great, look great, and are different enough to avoid a lawsuit, but close enough to make me pay $ for them. I skipped the EVH because I'm a fan of the man but not the look of the guitar. That said, I felt it needed to have an empty middle pickup cavity and have a single coil neck pickup to be a legit Frankenstein copy.
Yeah I don't do signatures unless they are the real thing. I have an amazing Frankie its a MIM Charvel doesn't look anything like an EVH but gets all those great tones and has a great neck that makes you want to play VH tunes on it. And I don't feel like I disrespected Eddie in the process
they aren't meant to be Frankenstein copies...they are 5150 style.
@@MichaelVician And should be contributing to the estate OR making a tribute with different colors / patterns
Watching!
So I see this going into the "wrist slap" territory. Still, I would buy a FFST, more because next month I will buy my own gift, since no one will. I do have a guitar fetish... Speaking of which BTW, I plan to get a Slick SL57 with a Neovin on the bridge. Swing by my humble channel to checkout next month, and tell me what you think. And yes, I will get a Firefly eventualy!
EVH as the brand in its own right own the IP for the Artwork and syle of the guitar. Even down to the pickup and wiring being on show with no scratch plate.
The wiring and pickup scheme cannot be trademarked.
@vorpalblades Sorry, what I wrote was badly worded. It's IP in as much as to the esthetic of the instrument. Not literally the wires. If you know the guitar you know what I mean.
I check these sites all the time. And I always miss things like EVH guitars . And crazy stuff under $150 bucks or anything I’d buy 😂
That gamma ray shirt 👀
I tried to sell a few Frankensteins i built 20 years ago. Ebay pulled my listings for copyright violations.
You might want to check out some of other guitar's this seller has
Good idea!
If I were a judge, I would completely throw out the "brand dilution" argument as well. Someone who wants an EVH official guitar is going to pony up the $1,500+ to buy one. Someone who doesn't will buy the Firefly, and would likely never buy the EVH. The people who can pony up the money may buy both, one, or none, but that choice will never come down to "oh it looks like an EVH, so it must be."
It's just basic logic. EVH and Firefly target two entirely different demographics, so there's no possibility of brand dilution.
Not really how the process words but let me point out that a good number of people who might support the EVH brand otherwise will get something like the Firefly and mod it when otherwise they would have considered buying the real deal. For me its more about respect. If I put my own Frankie together and EVH saw me playing a gig I would be proud to say he inspired me. How would you feel if he walked in while you were playing a knock off? its really that simple for me
@@I.am_Groot Exactly. Brand Dilution is about devaluing the name Reputation and overall value, not guitar vs guitar price specifically. EVH himself, is arguably THE most image to fame associated musician by volume on the 20th Century, followed by other greats such as Hendrix, Stevie Ray, Brian May, BB KING, etc. RIP ELVH 🎸🎶🔥
I want to here your opinion and hear the guitar too
It is derivative at best.
Reminds me of the Monster Cable law suits. They went around and bullied a bunch of people to much success, and then tried that on a cable company who's owner did patent law for like 20 some odd years, and he let them have it. Then posted it all on his website.
It's designed to fool customers who aren't diehard VH fans.
It is unfortunate that firefly wont make left handed guitars anymore. They used to.....
cant really trademark a paint job especially on that isnt an exact duplicate had a mako evh copy in 80's
Totally looks like the Kramers back then.
My Firefly is killer
true the cost time and effort,,,,I think if they copied better with no firely brand name on head stock fire fly should make a Jimmy Paige 59 les paul and a Hendrix model and a clapton SG with the 1960s hippy art on it,,,, SG means solid guitar fun fact
PirePly por da win
Hmm so if a guy makes his own copy of an EVH Frankenstein and doesn't claim it is an EVH than it is ok?
It's more about selling it or making money with it than the name.
Note as the attorney said , these are civil court issues around copy rights. So say you made one, as an artist/hobbyist , not selling them, no EVH logo, but same paint scheme. And you made a social media post on your work. Could EVH send you a cease and desist letter, sure that's easy, they already have those ready to go. Would they do that , I doubt it. Journalism and artistic tributes/omage are given a lot of leeway in copyright cases.
The paint scheme is legal. Yes, it is most definitely inspired by Eddie’s Frankenstein, but it does not “copy” it. This representation is close but just enough off to not get sued.
Check out the App guitar built by Mr. O.W. Appleton in 1941, before WWII. Looks to me like Gibson copied this single cutaway style from him. There’s a website. You can hear this guitar on UA-cam played by Merle Haggard’s former player. Also you can check out Bigsby’s single cutaway guitar built in 1945. Gibson is lawsuit happy. Fender headstock looks a lot like Bigsby’s. I guess Dean guitars lawyer never saw this.
It screams EVH the colors the paint scheme the strat shape ... The tipped angled bridge pickup location to compensate for string alignment
All it takes to sue someone is to have enough money to pay a lawyer. Copyright and patents are a mess too and no one is safe.
So they are copyrighting a red guitar with red and white stripes crossing each other? B.S. Not the same artwork. It would drag in court.
I managed to score the non relic Kramer version from Firefly…it’s interesting to note that when there’s available versions of this guitar it’s nowhere to be found on the website. I figure it’s to keep from getting contacted from EVH. 🤔🎸🤘🎶
yep, flying under the radar
Nice guitar by the way 😃... and nice T-shirt too (#KaiHansenFan 😊)
Dilution... hmmh. Okay, to me that sounds a bit weird. Like "we can't accept this can be made cheaper". But I know jack about any of this.
Most people will shell out $1300 for a nice MIM guitar with a strat headstock and an EVH logo over anything from Asia.
You didn't play it 😢
Go back to past vids. He has reviewed it.
Going after Firefly doesn't even have to be about damages/deep pockets or even winning. It could easily be about getting them to spend all their money defending a lawsuit, i.e., bankrupting them out of business and sending a message to others in the industry. It really depends on how aggressive EVH's estate wants to defend their brand. I would be surprised if Firefly does *not* receive a cease and desist at some point. EVH obviously isn't just a man these days, it's a business.
They're not an American company, they'll just stop selling it. Nothing EVH can do.
Saw one on ebay & the black stripes was too small.
I think these producers that are copying do go to a certain length where only those who are die hard fans or producers of guitars can tell the difference...
Remember japanese made lawsuit guitars?
it's called get what you pay for
Its not the same paint pattern
So this guy's trying to say,.....if someone builds guitars and person buying the guitar wants to pay the builder to paint it up like an Eddie Van Halen guitar,...it's illegal ! ? ! ?....George Lynch wanted tiger stripes on his guitar,....so I guess ESP is the only company that should be able to put tiger stripes on their guitars.
Yes, technically if it's not licensed from Fender / EVH, then it would be "illegal".
🤘🍻🤘
He’s not a very good lawyer if he thinks that suing over trademark infringement is about to pay out. As Gibson and Fender have learned, if you don’t protect your trademarks, you lose them. Trademark lawsuits are about protecting your trademark because the law says if you don’t protect it, you lose it.
I believe in intellectual property rights. There wouldn't be very many new ideas without those rights. I hope that I own some intellectual property rights someday.
Forget the legality. The morality is indefensible.
Appreciate the discussion and in most cases the argument that 'well everyone makes a strat' but this is a red/white/black stripe single pickup shredder. Those did not exist before Eddie and the design is absolutely generating revenue off something he created a demand for so I am a no on playing or owning one. Some things don't need to be illegal for us to do the right thing.
i am kind of doubting there will ever be a law suit or even a cease and desist order. Simply because a guitar player who was an EVH fan and really wants an EVH guitar will buy the authentic guitar. A beginner guitar player who wants to look like EVH will start off with the FireFly guitar and then eventually buy the real thing.. Just my feeling.
yep, like chibson. no one has $3k and willing to buy a paul and then sees a chibson and decides to save $2500 and go the cheaper route
Not illegal if you tell someone that you are selling it to that it s fake.. it's not a bad guitar either may not have fender quality or Kramer but not bad for the price.
Firefly has been crossing a lot of ethical lines, especially with those imitation Hendrix Strats. That said, I still love my FF338.
Wait? That’s a firefly? It’s almost worth buying just as a furniture piece.
Firefly must have been slapped with a Cease and Desist letter cause this guitar is no longer available on their website
🤘😎🎸🎸🎸
Guys, that Guitar isn’t even close to a Strat. A Strat has three single coil pick ups. That has a single Humbucker in the bridge position. The Strat has a unique headstock. This Firefly headstock doesn’t look anything like it. The only thing that is similar to the EVH, is the paint job. And even that is pretty different if you look closely. As far as I know, racing stripes on a car cannot be copywritten. Why would stripes on a guitar be any different?
It's supposed to be a rip off of the Kramer Eddie used in the 5150 video.
Here, lemme append. Firefly is a Chinese company. If you send them a cease and desist, and they ignore it completely (which they might not do, IYV, a Korean company with a Vietnamese factory, stopped making the Brian May copy), then you're at the mercy of international law regarding copyright violations and enforcement via the Chinese government. And that doesn't have a great history. So they may keep right on making em.
Firefly should call it a Frankenfurter and they will be fine. Unless the original Frankenstein monster decides to sue everyone.
Wow,,, this is an obvious ripoff but,
To be fair many people have been copying the pattern for a long time
I think this is mainly the same problem as the chibson thing, this could absolutely dilute the brand. It's going to make the evh be seen as cheap . I own two evh guitars and and I bought them open box online so it's not a lot much more $$ to save up to get an evh used
I still think Van Halen fans may buy the firefly just to have it as an item, maybe something to tinker with and mod.
I think the closest guitar that might cause brand confusion is the Kramer(Gibson produced) diver down "84" which I don't know if they still make it anyway but it shares more features and is named after a Van Halen album and had the same headstock as the 5150 evh
yo
Its clear they are coping a design. It may not be exact but only someone living under a rock wouldn't recognize what the pattern is mimicking.
I always think it is tacky that the whole identity of a person get's boiled down to a brand. But of course once lawyers, marketing ppl & ppl wanting to make money off a brand get together then they will make sure nothing get's "a cut" of that brand. To me this guitar is simply a homage to what everyone knows EVH played. If say a company tried to sell this for over $1k obviously with higher specs to justify the price increase then maybe it would be justified to stop them trying to sell a guitar that way. But even then it's only a homage.
VH lawyers have never been ones to trifle with. They go after everything, at least the did while Ed was still alive.
Illegal? I hope so. Would add some extra pizzazz. 😂
Dilute the market? Maybe but somebody that's going to pay under $200 for a guitar is not going to buy $1,000 guitar. And somebody that has $1,000 for guitar is going to buy $1,000 guitar because of the status it holds.
I would prefer the bumblebee guitar.
If Firefly continues to make them, I’m buying one.
Same