Klon Issues NEW Lawsuit!
Episode 161: Klon Issues NEW Lawsuit!
Attorney Contact Info:
Brian Pounds
Associate Attorney
Ellwanger Henderson LLLP
11149 Research Blvd Suite 100
Austin, Texas 78759
737.808.2263 (o)
832.978.8749 (c)
bpounds@equalrights.law
www.ellwangerhenderson.com
Lauren S. Aldredge
Main: 512-476-1080 | Direct: 512-615-1148
Las Cimas IV | 900 S. Capital of Texas Hwy., Suite 425 | Austin, Texas 78746
Cokinos | Young
www.cokinoslaw.com
Welcome to the Chairmen of the Boards Podcast! The ultimate pedalboard podcast with the foremost rig builders in the world: Grant Klassen (Goodwood Audio), Brian Omilion (Omilion Audio), and Mason Marangella (Vertex Effects/The Rig Doctor). We’ve teamed up to democratize great tone and provide you with our best tricks, tips, resources and hacks so you can build the pedalboard of your dreams!
*//SPONSORS//*
The Guitar Sanctuary – https://guitarsanctuary.com
Neural DSP – https://www.neuraldsp.com (use code “chairmen” for 30% off)
Best-Tronics – https://btpa.com (use code “dachairs” for 10% off)
//HOSTS//
Grant Klassen (Goodwood Audio)
YT – @GoodwoodAudio
IG – https://instagram.com/goodwoodaudio
Brian Omilion (Omilion Audio)
YT – @omilionaudio
IG – https://instagram.com/omilionaudio
Mason Marangella (Vertex Effects)
YT – @VertexEffectsInc
IG – https://instagram.com/vertexeffects
*//TIMESTAMPS//*
00:00 – Intro
00:05 – Welcome back to the podcast
00:11 – Todays topic, more in depth Klon vs Behringer
01:24 – Our guests todays, Lauren Aldredge and Brian Pounds
01:50 – Lets recap this case and hear some updates
14:50 – Does is matter that Klon only sells a handful of big centaurs?
16:23 – Klons trademark portfolio
19:38 – If Klon can prove infringement, they can get the money from the Behringer sales
21:06 – What would you change in this suit?
24:02 – Bill Finnegan actively looks for similar products
26:26 – Behringer is known to copy products
28:17 – A reason why Bill could have filed the lawsuit
30:17 – The word ‘Centaur’
32:46 – How would we advise Behringer
37:23 – Likelihood of confusion i.e. Ceriatone and Warm Audio.
43:00 – The newest update, should Behringer have changed the name?
49:55 – What Klon added in the amendment update
55:10 – The most important factors
1:00:36 – How will this end?
1:09:11 – What’s the likely outcome and at what time
1:23:16 – The most unique part of this lawsuit… dumble amps
1:27:48 – Thank you Brian and Lauren!
#chairmenoftheboards #vertexeffects #omilionaudio #goodwoodaudio #guitarpodcast #pedalboardpodcast #guitarpedals #pedalboards #pedalboard #guitarpedalpodcast #guitarrig #guitarpedalboard #fxpedals #effectspedals #diypedalboard #pedalboardoftheday #pedalboardbuild
#Klon #Issues #Lawsuit
Originally posted by UC0GI3rkTPXHJnOIT4f58gzA at https://www.youtube.com/watch?v=gWo5R_Uten8
Changing the name in such a tiny way was clearly an “f you”. They may as well have renamed it “The Finnegan”
This episode is 100% entertaining and interesting. Perfect guests.
I had a dream that Chairmen of the Boards had combined with Law & Order. Today, that dream is a reality.
Gotta hand it to Chairmen of the Boards—such a solid job breaking down the Klon lawsuit. Bringing in actual lawyers was a genius move. Clear, balanced, and super informative without the drama. This is how you handle a complex topic in the gear world!
Honestly Bill should sue all the youtubers who Behringer clearly was paying to promote the product as well. I think the misinformation they spread is far more damaging . Most of em are frauds
Y'all got the right attorneys on here! They were great!
Very informative. Thanks! But Tumnus is a Faun not a Centaur. ????
If Bill Finnegan was smart he would just license the Klon to Behringer and make ton's more money than what he is doing now selling 6 Klons a year. He could even keep selling his personally made 6 Klons a year for the folks that want a collectible.
Very cool episode. Wonder if Pounds or Aldredge have worked on cases with Anthony Brewster????
I hope Finnegan takes them to the cleaners and it triggers a snowball of similar lawsuits against them. Imagine defending a multi-billion dollar company that makes money ripping off people that actually put the work in to create something unique. Especially from people in the “artistic” community, one that has been routinely worked over and ripped off by anyone and everyone for generations. Use your resources to create something that is creative and unique. There is very little of that in the gear space these days.
"evidence of actual consumer confusion"
-likelihood of .00%
If you know WHAT a Klon is, you KNOW how expensive real one's are. Silly.
Gibson lost against PRS/Singlecut suit over this issue alone.
You know, there have been a lot of videos and thoughtpieces on all this and you guys are the first podcast to put together something meaningful and useful. IANAL but I wonder if it gets dismissed simply because someone looks at it and says "Well, they changed the name already," but who the heck knows.
Why is nobody talking about the fact that Klon hasn't made a pedal called a Centaur for many many years. Even the aesthetic of the current KTR pedal is not the same or in any way "confusing" in the current market. I believe that most judges will throw this out, solely based on the fact the Klon is has not even excersized the Trademark for "Centaur" for much longer than is usually allowed to retain it…to clarify my point: neither the Brand name "Klon" or the model name "Centaur" is even in the current market…another point to always keep in mind when talking about Trademark infringement is that the fact that you may have registered a Trademark does not in any way guarantee that you will win what is issued on that Trademark. It is only a time marker…Klon is NOT, I repeat: NOT using the Centaur Trademark…he has not been determined "protected" by his Trademark Registration.
Warm audio is the elephant in the room
I have the 1st Edition and sent it to AnalogMan. He added the "MAGIC DIODES" for $48. Sounds wonderful to my ears. Also have the 2nd Edition on backorder from Sweetwater. Also own the Warm Audio Silver and Gold Centavos with both being upgraded by Mike with his stash of correct diodes……All 3 pedals originally came with Chinese diodes….I know Mason is not one to bark about the diodes, but I did it and am using all pedals in my apartment.
The Behringer add suggested they invented the famous version.