When is a Steinway still a Steinway

[John Musselwhite]

At 07:59 PM 19/11/02 -0500, Terry wrote:

>Please explain for me John. I do not understand - it seems you are 
>speaking of some definitive legality associated with the Steinway name 
>that does not exist with Ford or Chevrolet.

Sure it exists with them. They just treat the ownership of their trademarks 
in a different manner than Steinway chooses to. It's their choice. They can 
afford to do it that way, since they make so many cars in so many models 
with so many different options. The chances are their cars will be damaged 
in an accident somewhere along the line and be replaced anyway. Steinway 
doesn't have that luxury.

> > something else. If that is the case and you wish to continue to use their
> > trademark you're apparently obliged to play by their rules and document it
> > on the instrument somewhere, a practice I would encourage people to adopt
> > anyway.
>
>Does Steinway have some sort of legal protection/restriction regarding use 
>of their name when selling a used piano originally made by them that an 
>automobile manufacturer does not have (and I'm not aware of any that the 
>auto maker would have)?

To some extent they do now, or so it would seem. An automobile manufacturer 
doesn't particularly care. Cars are built to last about 7 years and then 
they generally go to the scrap yard if they've made it that long and if 
they don't there's always money to be made in parts. Even after a year 
they're obsolete and they're betting people will upgrade every couple of 
years. When someone buys a Steinway it's often the last piano they'll ever own.

>If I sell my '92 Ford - regardless of any modifications I have done to it, 
>it goes in the

Again, we aren't talking about Fords, made by a company that encourages 
modifications of its vehicles as most automakers do or did.  We aren't 
talking about a mass-produced product that has millions of shade tree 
mechanics out in their garages tinkering with them and arguing about which 
car is better over a keg of beer or perhaps fighting it out on a racetrack.

>Specifically, what Steinway "rules" do I need to play by if I modify a 
>Steinway piano and want to call it a Steinway, and what legal authority is 
>involved?

I'm not a lawyer, nor do I play one on TV, but I would imagine that a 
trademark belongs to the owner and they can do what they like with it. 
Their "rules" appear to state that you can use their trademark on one of 
their instruments as long as you document any changes you make on the 
inside of the piano. It seems rather simple and straightforward to me.

The legal authority would be trademark law. You would have to confer with a 
lawyer trained in that field if you want a definitive opinion. I'm just a 
guy who is trying to offer another viewpoint on the subject.

                 John