Being inferred is fine as long as you don't explicitly refer to the product in question. As long as you are not using the name of the original product to sell your product you are safe.
Sampling should be totally legal as well as you are not copying their design in any way. You are not copying their circuit and you are not selling it as an emulation of a specifically named product in any of the official documentation. They cannot register a way to bend sound, only the name and design of the device that does it.
Think of it as Fruit Loops cereal vs. Sugar-Os lol. It's obvious they are a knock off of fruit loops but the actual recipe is a bit different and the name is different. OpenOffice Vs. Microsoft Office. Same Idea different code, similar name to get the point across. A good recent example is the PSP sQuad EQ. It's obvious from the looks and names what they are referencing but they don't say it directly so they are safe. Another example is either guitar rig or revalver amp emulations... for example the Mesa Dual Rectifier emulation is called the "Gratifier." It looks similar to a Dual Rectifier and is called gratifier which is obviously a similar name, but that's how they get out of lawsuits and having to pay Mesa. The key really is to not use the real product as a tool to sell yours and don't copy the name.
True but they'd have to have some sort of basis to have any real threat. For instance if he called it the Passive Aggressive they may be able to say he clearly stole half the name as retarded as it is. But if he called it the (my personal suggestion) The Mammoth or something equally obscure then they really have no case to even try to intimidate him with.
I know what you're saying... a good example would be where monster cables started suing everyone with the word monster in their name. The big thing again though... they justified it with the word MONSTER.
He can still come up with a cool name that conveys the same attitude without giving anyone a legal leg to stand on. If someone made an A*I 3124 clone called the AIP 3412 then obviously the company will go after you because the name could be misleading. It's just a shame something as awesome as this would get such a generic name. For me a lot of it is about not bowing down to those that would seek to oppress. Sure you have to watch the line but there's plenty of wiggle room in there to stay off toes and still do something cool.
Guys, who care's what it's called, as long as it sounds great and the AITB doesn't get hassled by lawyers? Let the EQ stand on it's own, I say - one doesn't need to know its lineage in order to use and enjoy it.
SYSTEM: MB: Intel DP35DP OS: Windows Vista x64 RAM: 8GB DAW: Sonar Producer 64bit
indravayu wrote:Guys, who care's what it's called, as long as it sounds great and the AITB doesn't get hassled by lawyers? Let the EQ stand on it's own, I say - one doesn't need to know its lineage in order to use and enjoy it.
It's called marketing. Most people aim to name their products in a way that will draw attention. I personally don't care as I already know about the EQ and have nothing to gain or lose with high or low sales. Things such as the name don't generally make or break a product but they definitely affect it.
I'm beta-testing this library right now and the beta is named totally different. And - by the way - it's great!!! If you have a lot of Nebula Eqs and you wonder if it's worth to have another one - forget it - this is not "another one", this is something different...