Official Luthiers Forum!

Have any of you folks heard of Mansfield Guitars? From what I can gather, this was a name used by a Canadian distributor of Japanese-built guitars from the 50's to the 90's.

This also happens to be my name. I'm a hobbyist builder, so doesn't matter much, but when inlaying a "M" in the headstock or making a label, I'm aware that someone owner the rights to my last name for guitars. (At least in Canada, I guess.)

But it leads me to the question to the pro builders here, how you chose to name your enterprise in a crowded world.

Interestingly, I have a similar thing with my little acoustic cover band - our name, which we've used since about 2004, is now in use by a Canadian band.

Canadians!

Those darn Canadians! (this is the first time I've ever heard anyone cast aspersions on Canadians even in fun- whose next - Australians? )

To avoid confusion you should just pick a name you like (and other's might like) that someone else hasn't used. Have you ever googled your name? You might be surprised at how many other people have the same name, with similar work experience or hobbies. We once googled a friends name and found he could start a virtual online band with people of the same name who had a similar interest in music and played various instruments (if he could get them to go along with it).

My name has been used off and on and trademarked off and on since the 20's.

I run shop as a sole proprietor so legally my shop can be nothing other than my last name "Howard" and what I do "Guitars" so "Howard Guitars" is the only name I can legally run a shop under.... I have an EIN to protect this right.

My instruments are however always marked and sold as "Brian Howard Guitars" to make myself distinct from the others who use my name. After all I don't want anyone to confuse the other crap with my exceptionally fine instruments....

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Brian

You never know what you are capable of until you actually try.

https://www.howardguitarsdelaware.com/

I was rather surprised that Bond Instruments was across the aisle from me at VIGF...at least he makes pointy metal guitars...

Goodman Guitars-"They're good, man."

I must say every Canadian I've met has been nice and perfectly reasonable.

I've given it some thought but have come up with turkeys. At this point I'd like to keep the "M" so that's where my thoughts are going.

That's fantastic!


Cool!
My wife jokingly said, use your initials and make it "BM Guitars". Thanks, sweetie.

There you go, that would be startling to see.

Love it

I don't really have a business or anything but I named my efforts after the street my shop was on. We recently moved to a street called Bear Creek which is perfect given my name. I was sad when google informed me that there was already a Bear Creek Guitars. At least now I don't have to print up new soundhole labels.

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Bryan Bear PMoMC

Take care of your feet, and your feet will take care of you.

I have a funny story regarding this...

I was looking for a name for my business, and googled my very uncommon last name. I found micheletti_guitars was already taken. WTF? So I look on the contact page and see a picture of a dude that looks somewhat like me only a bit older. Strange indeed. Top it off, he's in northern California where my grandparents lived.

So I contacted Rick and I found out that we are first cousins. Our families were not at all close, so I never heard of his family at all. I found a cousin that I didn't know about at all, and he's in the same business as I am. What a small world.

We've gotten together many times since then. I use my initials "PE Micheletti" on my instruments since he established the name first in this field. The classical guitar world commonly used initials to differentiate generations, so that seemed the best approach.

I'd be surprised if the distributor owned any rights in the name, even in Canada. They may have had an unregistered trade mark while they were distributing the guitars, but if they haven't used it for years then that will have lapsed because it lost its distinctiveness. You could search to see if they registered a trade mark and kept it going, but if they stopped distributing I'd be surprised if they paid the renewal fees.

US law is fairly similar so far as trade marks are concerned.

Of course, you might feel there are some "moral" ownership claims you should respect, or commercially you don't want to use the same name as another guitar seller, but that's not the same as legal ownership rights.

It's a common misconception that the first to use a name gets some kind of rights by doing so, but I don't know of any national law which grants such rights. You can get rights by building up a reputation over time, or registering the name as a trade mark, but to otherwise.

Distributor owned brands in the USA? I can think of a few....
Danelectro, Hammer, Washburn, Aria, Paracho..... Even Dean whom Gibby is suing is owned by Armadillo enterprises which is more a distributor than a manufacturer.

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Brian

You never know what you are capable of until you actually try.

https://www.howardguitarsdelaware.com/

I didn't mean that distributors don't own trade names as trade marks - as your examples show, they do.

But this was a low-end name from over 20 years ago, and it would have cost them money to keep the trade mark registered. Firms tend to do that only with out-of-use names which they think will have future value, based on past reputation. This doesn't seem that kind of name. A search of the Canadian trade mark registry would tell us, of course.

Chris Reed wrote:
"But this was a low-end name from over 20 years ago, and it would have cost them money to keep the trade mark registered. Firms tend to do that only with out-of-use names which they think will have future value, based on past reputation. This doesn't seem that kind of name. A search of the Canadian trade mark registry would tell us, of course."

A case in point is the resurrection of the Baystate name by Sylvan Wells. He used it because it's an old brand from the state he lives in. Washburn may have had a similar fate.

Also of note Hammer went out of business and the trademark was simply applied for by another entity after expiration..... Same with Dano and Aria Pro.

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Brian

You never know what you are capable of until you actually try.

https://www.howardguitarsdelaware.com/

I agree with your wife. BM Guitars is outstanding and easy to market ....

'Find your music to be a little binding? Transitions from one movement to the next just not happening? Clear the air once and for all, get a BM Guitar.

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Joe Beaver
Maker of Sawdust

That would be awesome, what a shame. I've proposed to my wife that we move one town over for a better name - we live near Folsom, CA which has the whole prison / Johnny Cash thing going on. Also near a place called Rescue which is an interesting name. She's not going for it.
That is a fantastic story... how cool!
That is good to know, thank you! I suppose I need to look into this more rigorously, in the event it becomes a real issue to address. Thanks, man!
I'm going to do that search when I get a moment, thanks.
For anyone interested, I found this:https://www.peate.com/copy-of-collections-vintage-peate-i
It would be memorable, for sure. Lol.

Bill, just a FYI on. Mansfield Instruments in Canada........
They were imported and sold by a company based in Vancouver, BC called Great West Imports.
I believe that the name came from one of the owners of the company but don’t quote me on that one.
Just thought you might like to know.
Cal

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Remember, there are no stupid questions, only stupid answers!

Thank you, Cal, yes!