the world needs more lawyers like this

Posted on by Luis Villa

The world needs more lawyers like this:

I often explain to businesses that the main reward for a great, original product is a succesful business based on that product, and that intellectual property notwithstanding, the best way to protect most great ideas is by consistently excellent execution, high quality, responsive customer service, continued innovation and overall staying ahead of the competition by delivering more value.

Fender, according to the record in this opinion, understood this well for decades… Only in the feverish IP-crazy atmosphere of our current century did the company deem it “necessary” to spend a fortune that could have been used on product development, marketing or any darned thing on a quixotic quest for a trademark it never believed in itself.  That is more than in impossible dream — it’s a crying shame.

I remember telling a room full of execs in 2002 (in the context of a discussion of Lego’s threatened use of trademark to restrict legOS) that the correct response to criticism of their product of the internet was to build better products. They looked at me like I was a naive child. And I suppose it was in part naive; there are going to be crazy people who criticize no matter what, which I’m not sure I understood at the time. But overall I’m glad to see that others (even lawyers!) still think I’m not completely nuts.

(See also Matt Haughey recently on a basically related topic.)

Published by Luis Villa

7 thoughts on “the world needs more lawyers like this”

  1. to spend a fortune that could have been used on product development, marketing or any darned thing on a quixotic quest for a trademark it never believed in itself. That is more than an impossible dream — it’s a crying shame. (ViaLuis Villa’s blog.) Follow me on Twitter @glynmoody

  2. Why out-innovate and out-compete when you can out-lobby and out-litigate? :-P

  3. Fender were insane for thinking that had a chance of succeeding. I’m surprised the fact that all three body designs they tried to trademark were designed over 50years ago wasn’t more important to the decision.

  4. From “Surely you’re joking, Mr Feynman”:

    There were certain things I didn’t like, such as tipping. I thought we should be paid more, and not have to have any tips. But when I proposed that to the boss, I got nothing but laughter. She told
    everybody, “Richard doesn’t want his tips, hee, hee, hee; he doesn’t want his tips, ha, ha, ha.” The world is full of this kind of dumb smart-alec who doesn’t understand anything.”

  5. Thanks. As Prof. Feynman will tell you, this approach is not necessarily a formula for more fees or even more clients, even in the long run. There’s an article in that somewhere, too.

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