Lawsuit?

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Letter dated 25th January 1982 to Eric Dixon of Blue Sueded Music LTD:


Dear Sir

RE: CBS ARBITER LIMITED -and- BLUE SUEDE MUSIC

With reference to the letter which was distributed by CBS Arbiter Musical Instruments of the 2lst January 1982 headed "Urgent - Press Release" we have now seen Counsel upon that letter. The letter, in our opinion, is designed to intimidate your customers with the threat that they might be committing a breach of the law. The wording in the injunction is clearly set out in that letter and it is ostensibly designed to stop you and your agents passing off or attempting to pass off quitars made by "Tokai" as those of "Fender" and also it restricts the use of the word "Fender", "Stratocaster" , "Precision Bass" and "Jazz Bass" being applied to "Tokai" guitars.

The injunction which was made simply on Mr Arbiter's evidence, does not stop retailers selling "Tokai" guitars as supplied by you to them prior to the injunction, but they must be careful to ensure purchasers do not believe they are buying a "Fender" guitar.

Yours faithfully

BA Ratner





Letter from Eric Dixon to the shops he works with:

Dear Sirs,

Many of you will have received by now a letter from CBS/Arbiter, recommending you to take legal advice before selling 'Tokai' flat-top series guitars.

In my opinion, this letter sets out to frighten music store owners into witholding sales of what must be the hottest music product in the U.K. today.

To attempt to involve you in a legal wrangle that is between Blue Suede and CBS/Arbiter must be the worst case of 'sour grapes' I have ever heard, is completely out of order, and the implied threat in Mr. Arbiter's letter of legal problems for you is plain hogwash. We are the company in receipt of the injunction, not you, and you have as much right to sell Tokai guitars - including the flat-top series - as any other product in your store.

As every press review of the Tokai guitars to date has, by comparison, rated Tokai guitars as being better than current Fender production, I can understand the natural concern of CBS/Arbiter. However, the answer surely lies in their own quality control, (or lack of), and inability to produce the magnificent product on which their reputation was originally built. I have spent many years in this trade establishing a good rapport with all of you, and I firmly beleive Mr. Arbiter's intention is to undermine that rapport.

I would only like to add my thanks to the many store owners who have contacted us with messages of support and encouragement.

Best wishes,
Erie Dixon
 
A few months later is when the letter posted earlier in this thread was sent to Leo Fender seeking assistance with Fender.

dLGwQUn.jpg
 
FenderDan1 said:
Great information in those letters and it looks like Arbiter took action with the approval of CBS.


He is called out in the letter "The injunction which was made simply on Mr Arbiter's evidence"
 
FenderDan1 said:
Great information in those letters and it looks like Arbiter took action with the approval of CBS.


He is called out by the lawyer, B.A. Ratner, in his letter "The injunction which was made simply on Mr Arbiter's evidence"
 
This would explain why the changes in the logo , Block logo, were in the UK only beginning in late 1982. That was the country where the lawsuit/injunction was brought against Tokai by CBS/Arbiter. And it specifically focused on appearance and resemblance to Fender products.
 
Maybe someone in the UK can run this down now that we know the parties involved and the dates (January 1982) ?
 
I can almost hear the brakes screeching at Tokai... It would seem that they were blind sided by all of this action brought by CBS & Arbiter.

This time frame is significant also because this is when Tokai switched its serial number system to the Fender style. I would guess they did not anticipate this letter when they committed in the Spring 1982 catalog, which was likely printed in late 1981, to the changes more closely resembling Fender with the new serial number scheme.

This graphic for the change literally says earthquake. That sounds about right. Prescient. 8)

● Earthquake Early Warning ● About serial numbers

THE SCOOP

We are finally here. The shocking Tokai Flat Top series. Even the serial number has been completely reprinted !!


2XhJ8gr.jpg
 
Seems like TOKAI was just waaaaay too good at making vintage style Fender clones at an affordable price.
 
I’ve had the honour and privilege of playing a 1956, 1957 1959, 1961, 62, 63 and later 1970s original fender guitars, when I say play them I did for a few hours at a time at local shops (not all in the same day but over the years) not just hold them, my tokai ST80 1980 is the closest I get to reproducing that experience in feel and time, my TOKIA ST80 (alder body) rings like a bell and the high E and G string ring out and have a certain harmony that is spine tingling, another thing I note about my ST80 is that the sweet spot is the whole G string and I’ve never experienced the ring that this particular guitar has on this open string.

My favourite was the 1959 sunburst fender but my TOKIA 1980 springy sits firmly in 2nd place.

Go figure 🤷‍♂️
 
Anyone one out there live near Lancaster or Blackpool?? 8)
 
And I think it is a safe bet that Fender's pressure campaign did not end in 1982 since that only affected the logo. The head stock change didn't happen until 3 years later.

There is definitely more to this story...
 
Yes I agree. Fender must have stopped the sales of the fender headstock shape in USA and Europe around 1986.
 
Excerpt from an article by Paul Colbert:

"The Tokai success story prompted CBS/Fender to react with a flurry of writs protecting their trademarks — Strat, Tele, etc — AND produce the Squier series — their own Japanese budget versions of veteran originals. Reviewed elsewhere, the Squiers were also fabulous instruments and in fact Tokai's greatest legacy to us all may be in urging the slumbering CBS/Fender giant to reassess its plans and standing.

As a result of the legal action I can't even tell you that the Tokai ST-50 is shaped like a Str... whoops, that was close, but you know what I mean. It belongs to the second wave of Tokais where the headstock lettering has been changed. The originals were very cheeky impersonations of a stylised script which could be mistaken for the real thing from a distance — or so argued the legal beavers. Later models now bear the word Tokai in an upright typeface."


http://www.muzines.co.uk/articles/tokai-st50-fv-1/4671

nzH5jQb.png
 
Not sure how this settled out in further proceedings, but within a few months the logo changed to the block logo...
 
Timeline:

Note: Removing old versions to reduce space and confusion. Scan ahead for most recent version.
 
And to point out the obvious now, spaghetti logo Tokais are in fact "lawsuit guitars".
 

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