[Harp-L] Melody Makers

[Jonathan Ross <jross38@xxxxxxxxxxx>]

"I didn't know about your meetings with Lee Oskar. I was only  
responding to
Bulldog's email that said the only company that makes the Melody  
Maker note
placement system was Lee Oskar."

I said no such thing.

Checking my emails, perhaps a less than careful reading could give  
such an idea, but that would be a misunderstanding and  
mischaracterization of what I said.

I said that no-one else can use the name "Melody Maker" for a retail  
diatonic harmonica with this layout.  They can make the layout as  
much as they want (for various reasons) but unless they have an  
agreement with the Lee Oskar company, they can't sell it as a "Melody  
Maker"--that would be infringing on the LO company's trademark.

Now, if LO and his company choose not to enforce the trademark,  
that's their prerogative (I believe--though perhaps unlike patents  
with trademarks enforcement isn't the sole responsibility of the  
trademark holder).  But, unless they have a licensing agreement with  
another company (or individual, for that matter) then no-one can sell  
a harmonica in this tuning UNDER THE NAME "Melody Maker".

Obviously as the tuning both is not, nor could not have been patented  
anyone can sell the same tuning--just not by that name.

The difference is significantly more than semantics--indeed, it's a  
difference worth several billion dollars at least when the entire  
business field is taken into consideration.



 ()()    JR "Bulldogge" Ross
()  ()   & Snuffy, too:)
`----'