In trademark law, a party must demonstrate actual 'use in commerce' of a mark to establish ownership rights. Licensing agreements that only grant rights to a person's name and likeness without specifically including product designs or word marks do not constitute 'use in commerce' for those marks. The Dean Guitar lawsuit (2021) illustrates this principle: the Dime Bag Trust claimed ownership of the Stealth and Razorback guitar designs, but the court ruled that since the licensing agreements never specifically mentioned these designs, the trust never 'used' them in commerce, and therefore could not claim trademark protection. The company that actually manufactured and sold guitars with these designs retained trademark rights.
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SFB Live #345: Weekly News | Dean Lawsuit Discussion | Trailer Update | Closer Look at Vola OZ TNCAdded:
Yeah.
[music] Heat.
[music] [music] >> [music] >> There's it. [music] [music] [music] >> [music] [music] [music] [music] >> I think we're live. Everything sound okay? [music] >> [music] [music] >> Check one three 92 [music] check one nine [music] breaker breaker one nine >> [music] >> Sounds good. Good.
Good. Good. Good. [music] [music] >> [music] [music] [music] >> Tone clamp working.
Tone clamp's working. Good. [music] We We had a talk. Oh, look who it is.
She's like, "Why can't we open the window?
[music] Little cold and and it's raining." They think they want it open, then they they're like, "No, no, it's rainy.
[music] >> [music] >> Check. Check. Check is in the mail.
That's a good one, too.
[music] Hope I'm doing well. So do I. I'm I I think so.
I had my uh my annual physical this week and so far so good. It's actually down a little bit of weight and they're always happy about that.
[music] [music] [music] >> [music] >> Yeah. I I I I hearing that you hearing this crybaby god I can hear purring up here.
Some of this purr bucket getting slappy [music] [music] in case the show gets truncated. Um, funny you bring that up. It might be slightly early tonight. [music] I basically got to go when my wife gets home, but I don't think she's going to be home for at least 90 minutes. So, we're we're we're definitely going to be going past an hour.
[music] Exactly. Everyone [music] Everyone wants to hear a claim.
>> [music] >> All right, who do we got here? We got Matt. We got Tony. What's up, dude? We got uh Ian and Chris and Jason Strat CPO.
Mark super lead.
Frank Cy Dennis Gary [music] Spa. What's up, dude? The J shaft.
Shammy whammy [music] [music] trolls.
Big D [music] mark.
>> [music] >> I'm going coil cut. [music] [music] [music] >> [music] >> I'm just saying it's it's it's pretty good guitar.
I'm just saying it's pretty nice. Hello. Hello, Chico.
>> [music] [music] [music] [music] [music] [music] [music] [music] [music] [music] [music] [music] [music] [music] [sighs] >> I haven't played guitar a ton this week.
Um, we had some good weather and this time of the year that spells trouble because there's a just a ton of stuff left over from the winter that needs to get done. So, I'm like running around getting my stuff done and uh worked on the windows uh a little bit more.
Uh, but that's been cranking along.
Again, how I ever lived without a heat gun.
Just just it's amazing.
And then, um, had a one good day.
Worked on the trailer. Got all the hardware installed. Got the, um, you know, uh, the paint touched up where I needed to. And yeah, I can't uh give it enough praise. Um, one of the sidewalls, right, cuz it's lined with the the plywood. One of them after I painted it was really tough to try to get back into the, you know, um, you know, the the cage, right, the frame.
And I didn't want to hurt the frame. I didn't want to bang it in. And I was doing that. I was using like a 2x4 and banging the 2x4 so I wouldn't dent the plywood and it was just it was too much. And uh I I have the the electric plane, right? The planer that I got from Amazon for like 30 bucks.
And uh I took that and just ran it over it just like one or two little runs. And it fit so perfectly, right? because it just shaved off like 132nth of an inch just enough and now it fit like perfectly. I was like, "Oh god, I love this thing. Why how did I live without an electric planer for so long?"
[music] That was the weather where you were this week. [music] We were cool. We nice and dry though.
We had, I think, one day where we had a little bit of rain, but everything else was, um, uh, pretty nice. [music] It's raining out there right now. Uh, and tomorrow is going to be a little spotty. We're coming into a little bit of um, you know, they say April showers, May flowers. We're that that's I think more middle of the country. We're more like a May showers and June flowers to be quite honest. You know, we're a little later because we're so much farther north. [music] [music] Opposite for for you. Weather's not cooperating with outside chores. Yeah, we we've had a we've had a little run here. It It's going to run out, though.
We're going to we're going to it's going to get uh it's going to get hot and I'm going to be curled up in the basement waiting for the first crispy fall day.
[music] What's up, Mars? What's up, Deanna?
[music] Oh, that's Quinton. Quinton, you got to [music] got to come up with a name that more looks like your name. [music] Multiple down branches on uh on a tree in your yard. That sucks.
My neighbor has a tree that's like completely dead and quite hollowed out.
The woodpeckers go for it like crazy because it's so loud, right? It's just like loud hollow tree and they love it.
So you'll hear that. The freaking woodpeckers go for it like crazy.
Uh, and uh, I feel like that one's coming down at some point. At some point could could be coming into my yard. I don't think it I don't quite think it can hit my house, but it can definitely hit my garage.
[music] >> [music] >> When you have the right tool, it makes all the difference. I learned this uh ages scope. It really does, you know, just the the little things like that freaking planer. God.
Oh, I was because I said, "Oh, don't you just didn't you just get a planer? You just plain the top of it a little bit."
And boom. Booyah. You know, woodpeckers are super crazy loud. Well, we the bigger ones can be those things.
Jeez, it's like a freaking jackhammer.
It's insane.
>> [music] >> So I um [music] I got the coil cut on. [music] [music] >> [music] >> I uh I I meant to talk about it last week and I just you know we only had the hour and uh it'll take a while to get into it. I actually pulled down that the Dean lawsuit right there. That's the whole thing.
Four pages per page. It's like 30 31 page decision. 30 31.
Um, it's an it's an interesting read. I have a link to the decision in the description, so don't take my word for uh what happened. You can go you can go read the whole thing yourself. Um, but I did uh write up a little summary about it. It was uh it was fun to go through and and read the whole thing and got to read it a couple of times because yeah, it's 31 pages. there's there's I think 13 counts or something like that. So, you know, it's a lot for the court to take a look at. The bottom line is is that the company so that it's in two groups.
Um there's the plaintiff which is uh the Dime Bag Trust and it's Rita and uh at Al and then there's uh Dean Guitars and all the companies that own Dean Guitars and anyone who had a wet their beak in that whole thing and that's the company And uh basically the company wins like almost across the board and for pretty good reason. The court breaks it all down.
And um the two things where the the the company didn't win wasn't because they simply found in the favor of the trust. It was that they're at a what's called a um summary judgement uh part of the tr of the the course of the litigation.
summary judgement uh can only occur can only happen when the parties agree on the facts, right? There's no dispute as to what happened. They just interpret how the law applies differently and the court can sort that out without having a trial, right? But when the parties disagree on the facts, then you have to have a trial because you have to bring in witnesses to testify and you have to enter evidence into the court and it's a very it's a, you know, it's much bigger process. Now, summary judgement is a pretty standard, you know, way to whittle down all the issues before you go to trial. So only those that have material issues of fact remain for trial. Everything else gets, you know, decided on one way or the other.
So pretty much everything was decided in the favor of the company and I thought for pretty good reason.
And just to summarize it in the most basic terms, the uh company used the mark in trade, right? You're in a trademark lawsuit.
Who used the mark in commerce? like actually in trade and it was Dean, right? And basically the company the trust never did and uh so but the trust says yeah yeah yeah but we licensed it so we did use it in trade by licensing it to them using the licensing agreements. I know she doesn't like law talk. And uh the court said, "No, you didn't." Because if you read the licensing agreements, nowhere in the licensing agreement does it mention the Stealth or the Razor. And there's no image of the body shape that you're claiming you own by trademark.
But you know who did use that those names that word mark and those shape marks in commerce? The company.
And what's king in trademark because it's marking the trade right of is use in commerce. And the bottom line is the trust couldn't show that they ever had used it in commerce. The closest they could get was to say that was a part of the licensing deal. And they said, "No, the licensing deal was specific. It was Dean's likeness, his name, right? His image. They It was all about him. Had nothing about the stealth or the razor or any of that stuff."
And so, uh, they said, "No, you you you you could have specified that and we would have looked at that, but you didn't."
And so, uh, the company that uh, the party that did bring it to commerce that did use it like a trademark would get protection is the company. And so, the company won on that.
Um, so let me I I wrote up some notes here.
Let me get let me get to my notes. Uh the other thing that was interesting was they said, "Yeah, but it said that when the the uh agreement uh was terminated, should the agreement terminate, it literally did mention the stealth mark and uh you know would go back to uh basically the trust, right, that they would reclaim and that the company wouldn't own that beyond that.
But uh they uh the they the court pointed out but the the agreement never terminated and they're like no no no no it terminated naturally you know by the end of its terms right it just it reached the end of its conclusion that is the termination.
They're like, "No, no, that's an expiration."
And there's count there's a big body of law on the difference between termination where one of the parties terminates the contract for some reason that the contract would allow them to terminate it, a mere expiration.
And there's no such thing as a natural termination. There's either termination or expiration.
And this was expiration. [laughter] Oh my. I was like, dang, that's uh Yeah.
Well, yeah.
So, uh it gets uh it it gets really interesting. And then they um they sort of beat up um the trust a little bit because at one point they're mentioning uh she had some 7 months after Discovery closed and over the viferous objection of the company. She introduced two screenshots of some European retailers that supposedly had Dean guitars that were manufactured after 2021 when they officially ended their relationship.
But she was trying to introduce these screenshots that showed these guitars.
And the court was like, you can say that you made those screenshots, but you can't testify as to the contents of the screenshot because you don't know. These are some photos you found on the internet. You don't know if those photos are real or photoshopped or if it was made by the company or if it was made by some Chinese company. You have no idea who made that stuff. You would need to bring in witnesses to testify as to the contents of those screenshots. You can testify as to I took the screenshot, but that's all you did. You don't really know anything about the contents of that. It just looks to you like it might be a guitar made after 2021.
And uh they pretty much they said it was pretty much, you know, the definition of hearsay, right? You're trying to offer this photo for the truth of the matter asserted, which is that they made a guitar after 2021, but all it is is some screenshots of some European retailers.
You don't you don't have any affidavit from any of the retailers. You don't have anything. You have nothing that corroborates those screenshots. And all you can do is say, "I found a a screenshot on the internet." That is almost by definition hearsay. You know, pretty much is hearsay uh evidence. So, it was excluded.
So, it's very interesting. I was reading this thing. I was like, "Oh, boy." A the a freaking soap opera.
And uh anyway, so I I wrote up some notes here. We we'll quickly go over them. First, the trademark and the trade dress.
Uh this was over the infringement for the Stealth and the Razerback guitar designs in the word marks.
And the court found that the 2004 agreement that they signed with uh Daryl and the 2014 agreement that they signed with um his brother uh cuz he had been he was murdered shortly after they signed this agreement uh in 2004. They think they signed it in November and he was murdered in December.
And so it was his brother that did the 2014 agreement uh that to to continue the you know the the uh licensing um that specified it was only his name and his likeness and not the specific guitar designs and word marks.
uh prior use because the company didn't grant um the agreements didn't grant them a license for the specific marks.
The benefit from using the marks went to them because it wasn't a part of the licensing agreement.
I Right. You got to spell that [ __ ] out.
Uh they're not going to Right. It's got to be spelled out. And the trust, this was probably the the big thing. the trust couldn't show that they had a prior use in commerce and you're going for a trademark. So, you've got to be in commerce or you're you're you're not going to be successful.
And then um they wanted to cancel the trust had filed um one of the counts was the cancellation of the company's uh uh razorback registration for the Razerback uh because they said basically it was fraud but they said no they used it in commerce and they had a good faith you can't to show fraud it would have to be the a bad faith belief. They knew they didn't own it. They said no, they were the only ones that used it in commerce.
They had a good faith belief that they could use it.
And so it was the trademark was properly granted uh because they were using the mark in commerce.
And uh so the cancellation that the trust tried to put on the razor uh back um registration for that mark um was denied.
And then it gets into counts uh six and seven.
uh the Razerback design court ruled that this was copyright because if you don't you know if you don't succeed at trademark try you know you're in federal court try copyright right that's also a federal issue. So they they sue under copyright law saying well we own at the very least a copyright design but the type of design that they had is what's known as and I had to write this down a useful article which is a which is the guitar and they just basically say once you take away the distinctive look of the razor back it's still a guitar Right. So when right so the design found to replicate replicate a guitar even when conceptually removed from the image making the design unprotectable by copyright because it's a functional copyright versus an art. See right utilitarian you it's a you art you can play. [laughter] So they said no no it's not unique enough. It's still a a guitar is still a guitar is still a guitar. And so because it is a quote unquote useful article, different rules apply.
And so um they said you don't get you it's you can't go trade you could trademark it. And in fact they did trademark it.
And then the other one was the dean from hell uh summary judgement was denied for this count. The company admits that the trust owns the copyright to the trademark which is I think the lightning and right um but there was a genuine dispute as to a material fact as to when the guitars were sold barring it uh bearing the um the artwork. So that's going to go to trial. So motion for summary judgement denied uh to the trust.
What do we got left? Uh it was a 13count complaint. This was this Oh, this was a this was a knockdown dragout fight. Um false endorsement in association.
Uh they uh basically said that he summary judgment was denied because the trust claims that there is stuff out there like the screenshot that shows that they were continuing to use his name. The company denies it. That's an issue of material fact that goes to trial. So that was the other one.
Post-lic sales. That was the other one that's going to go to trial. So those two are still outstanding.
And then they got to like um fraud. They basically said no because they they had every right because they were using it in commerce. You can't say that those were uh false statements of material fact regarding the ownership of the guitar design.
And then um the Florida Deceptive and Unfair Trade Practices Act. Even though you're in federal court, you can still bring state claims under state law as long as the court adheres to the state statutes. And it's kind of like a consumer protection, but you have to um you have to bring it within a there's a statute of limitations.
And the 4-year statute of limitations began when the company registered the trademark in 2009, making the 2021 lawsuit 12 years too late. So they had to they had to do it much much sooner. Um they basically the statute of limitations killed that. So, no Florida deceptive run freight practices claim that was ruled in favor of the company.
And then um there was they wanted a dime3 declaratory relief act, but they completely dismissed that claim because it was unripe. They said there's no evidence to show that they're actually making those guitars. So, you can't get a declaration for guitars being made in theory. only ones that are actually being made. So that was knocked out. I mean, the the company was winning, I think, pretty much across the board here. There was an equitable accounting.
The the trust wanted to do an accounting of uh Dean to see, you know, what kind of money you making, where's your money coming from? And they said, "Nope. It's unnecessary in this case because there's it's only appropriate when there's no other remedy at law. And if they're found to have done u copyright uh in the later suit, great because there is still a copyright claim outstanding. Um if that's found, there's remedies at law there. It's not missing a remedy. So you don't have to do an accounting now. It's uh it's uh unnecessary. So they lost an equitable accounting.
And then um bas basically the company uh won all pretty much all regarding um the the the breach of contract. So it was it was pretty much I would say 90% in favor just on a sheer count, right? 90% in favor, maybe more, 95% in favor of um uh of the company of Dean and um [clears throat] only two outstanding that and they're not even won by the trust. They just have to go to trial.
So yeah, the last thing I have here is dismissed trademark fraud in design copyright claims proceeding to trial are the Dean from hell artwork infringement claim and the unauthorized sale uh again so that they can bring in evidence.
And uh what a what a crazy case. But if it underscores anything, it's that if you want to make a claim in trademark, you got to be in trade. And if you want to claim you're a ly of something, right, and you're a lensur and the l right and the license e retains it or you know whatever, however that works. I always confuse license e and license or someone grants the license and someone gets the license. Uh I guess the license e grants the license the license or gets the license anyway.
Um or vice versa.
They uh you've got to be specific and they were never specific about it. They basically they were specific, but they said it was just Dean's likeness and not the stealth. No mention of the stealth and no mention of the the Razerback.
[music] And so they they were excluded. They're like, "No, you can't just now say that those were part of it. It wasn't there."
And I and I thought the other thing that was just amazing was the uh difference between termination and expiration.
That really seemed to hurt him because they were like, "Yeah, if you terminated it, that language would have kicked in, but the contract was never terminated.
It expired." And that's not termination.
So the those went into the went into the ether the second that the conditions were never met. It needs a what do they call that? A condition procedent. It was never there. There was never a termination, man.
[music] >> [music] [music] >> Wow.
[music] Hey. Hey.
[music] >> [music] >> I don't get it. Dean made the guitars and the design. That's it. There's all the weight. Well, they claim, and this is what they tried to put at the at the court, that there was a handdrawn um sketch by uh uh Dimeag that showed the stealth, right?
And so they that's what they were claiming. So when it came to trademark and they never produced a product like that, they were dead in the water on the on that, right? That they the court was never going to grant them a trademark if you've never engaged in trade.
Copyright's a little different though.
And what killed them was the um the useful article that at the end of the day it the article it's not separate from a guitar. It's still a guitar at the end of the day. And they treat that a little different than they do just sheer artwork or sheer sculpture.
And um it's not unique enough.
It's still a something slash guitar.
And that's what hurts their case on that. That's what that's why they lost.
[music] [music] Now I'm going to have to license the tone clamp.
[music] [music] [music] >> [music] [music] >> I Yeah, it's pretty good.
[music] Does that Vera have their super chunky neck? They kind of got rid of that neck.
They very slowly and quietly dumped the super chunky neck. I don't think any of their models have it any longer. For a little while, they had one that actually wasn't even as chunky as the big one that used to be on I want to say like the Blaze, right? That had a real big one. Um they had even shaved that down a hair and they called it their VC or their vintage C or their vintage car, whatever you want to call it. And this was the MC, the modern car, which was smaller.
I think the VC is gone. I think it's a modern carve just across the board. It's all it's all MC now.
And you know what? We'll do that sales numbers, right? You you go for long enough, you see what's selling and what's not selling and you realize that maybe the the modern carve is what people want, you know.
I could clean it up a little bit. So, it's a it's a it's a bit dirty.
[music] [music] Um I feel like the pick guard might be a touch thicker.
Quite frankly, they kind of line up.
They might be the same thickness.
I think I think they're the pickard feels maybe a tiny bit bigger, but maybe not.
[music] >> [music] [music] >> I get to keep it. Yeah. Well, this is um this is one out of my stash. Uh that my guys over at ZS have been out of the office.
So, I sent them an email uh like 10 days ago, longer.
Hey, I'm ready for the next round. And it's been nothing. And finally, I sent like two follow-up emails.
Nothing. I was like, uhoh.
I was waiting to hear, "Yeah, your contact got laid off. We're discontinuing the program." You know, you never know. Nothing's nothing's written in stone. Nothing lasts forever.
But, uh, he was actually just out of the office for a little bit and was like, uh, I wound up texting him. And so he was like, I'm back in. I'll push those through like right away the next round.
I said, he goes, I'll get you the return labels. I'll push those through. I was like, great. But, uh, not this not this Monday. So, I had to go back into the I had to go back into the stash like I did this past week because I'm trying to find guitars that you can you can buy.
Uh, and that that's not a lot of guitar.
I don't have a ton of guitars that are available at retail. Most of them are discontinued because they're from the 80s.
uh you know so uh yeah it it's tricky. I'm like what do you what do you even have? [music] So I I found something. [music] [music] Is the TNC discontinued? No.
>> [music] >> The TNC is going. That's probably one of their This is probably one of their biggest sellers. [music] [music] Am I the only online person participating in the program?
You know, they started this two years ago. like two years ago this month.
I feel like I'm I'm the one who's taken the most advantage of it and uh I have um I do see other people out there do videos but not with the frequency.
There's I think feel a little bit more random.
The whole thing about guitar of the week is it it's a guitar every week.
It is what it says it is.
So, um you know that that that's just a way to keep content flowing, right? To try to do a regular regularly scheduled program.
So, um yeah, I uh I did hear from them.
It was all apologies and they're going to like we're going to get that right out, but it's still not going to be until I wouldn't see the guitars until Tuesday at the earliest. Like, so let's say they pushed them through on Monday. I'd see the guitars Tuesday.
Uh but that's still a day late. So, I went through I I shot a video earlier today.
I went through it took a while to find a guitar because I was just like the one I tell you the guitar I was going to use uh was my Gibson Les Paul Classic. I said I'll just use that. I don't think I ever did a dedicated video to it. I'll do the Gibson Le Paul Classic, right?
Just get that going.
And uh I uh you can't get them. They're discontinued. They don't make the Lustball Classic any longer.
I couldn't find it on Gibson's website.
I couldn't find it on Z's website. I couldn't find it anywhere. You might see some people with some leftover stock, but it clearly I don't think it's a part of the lineup any longer. I couldn't find it. So, I was like, "Huh, I guess I guess they don't make the classic any longer. They're taking a hiatus from it and and for different models." But, uh, so that was that wasn't going to work.
So, I, you know, I had, I had, I had to look through what, what do you have that is like literally an offtheshelf? I mean, I've already done these guitars, right? Like, you start running out of guitars to do. So I found one.
[music] So it says they stop making the classic.
Okay. So I'm not crazy, right? It's like like what the hell am I the world's worst researcher? Am I like not finding the am I doing something wrong here? But I I I couldn't find it anywhere.
Kind of said I thought they were a good deal. Yeah, I agree. Had some uh spruced up uh electronics in it.
You know, it had the coil coil taps, coil cuts, coil cut, maybe had an out of phase. It had a direct switch.
It had some features, but uh yeah, no more classic. There's There's Buddy Budman.
[music] [music] You have a 2019 classic in the cherry.
Yeah, the cherry burst. [music] >> [music] [music] >> So, I did I did find one, but uh God, I I I hope those guitars show up next week or I'm going to I'm really going to be in trouble because I I don't know that I have another.
I don't It was It was tough to find that one. I was like, "What do you have that you can like literally buy like right off the shelf?" Like, "Nope, that's discontinued. That was only made for one year. That's from 1983. That's from 1986.
That's from 1988."
Yep. Took you five years to find one.
So, not exactly a guitar you can run out and get any Vanta 4 leaks yet. Yep.
>> [music] >> They're bringing back a classic, [music] the reverse antique.
[music] [music] And they're going to bring back the 25th anniversary model.
>> [music] >> Not the silver one.
the the white pearl one that where all the paint cracked and fell off [music] to be authentic.
[music] [music] >> [music] >> After the Venta 4.
Going to go to the Vanta one. No, they should just after the four, they should go to like the seven.
It's the 25th anniversary version 2.1.
Exactly.
[music] >> [music] [music] [music] [music] [music] [music] [music] >> Blues said, "Uh, missed you at the Dallas show, buddy." Dude, I wanted to go.
And so I looked up the flight. Now, I remind you that I used to go to Dallas on the want to get away plan from Southwest for $79 each way, right? With every that's what that So, it was something like 160 bucks, 170 bucks round trip.
Loved it. And I flew right into Love Field, which is like a 10-minute drive from the uh Market Hall. It's like right down the street.
And so I could go Logan to Love Field and back again for like 170 bucks round trip. Sweet.
I look it up and it's like 379.
And I was like, uh God.
But at least they had a trip to Love Field like um for a little while they they didn't even have that flight. So they restored one flight from Boston to Love and Vice been back again and um a direct flight and uh it was like 379 and I was like uh it was over 400 with the taxes and the fees and all the whatnotss.
So I I put a a tracker on it.
I had Google track it and it would send me emails when the price would go up and go down and it went up to about $780 and then it went back down to about $550 and then about a week before it was back up to like $650 and then the show happened. So price never went down. It only went up and I didn't go.
I could go, you know, I it's hard to spend a,000 bucks to go and get um, you know, barbecue. Not saying it's not worth it, but that better be really really good barbecue. [music] >> [music] [music] >> Areola pickups made by Vol? I don't think so. [music] I I never found out who make who makes their pickups.
And part of me would guess God because they use all Godto hardware, but that would be just a completely madeup guess.
I don't even know that God makes pickups.
[music] >> [music] >> You think they're in house? They could be.
You might be right. They could be.
So, tomorrow's Mother's Day. I don't know if that's anywhere other than the US, but if it if it is, uh, any plans? We're going to go do a brunch.
[music] [music] >> [music] [music] [music] [music] >> going through a PC [music] with my with my uh THU.
[music] Wife said she wanted a new guitar. I think that's what we all heard. [music] God, if she only knew how to play guitar. Well, I guess you could just use it.
[music] >> [music] [music] >> Same in Germany. Yeah.
Feels like a bit of a um of a Hallmark holiday, but whatever.
Happy love day.
>> [music] [music] >> Yeah, exactly like the Homer bowling ball. [music] Got your black t-shirt on. [music] I got my black shirt.
>> [music] >> Mother's Day today in New Zealand. Well, you're a day ahead. You're from the future.
[music] >> [music] [music] >> Thanks for the reminder. I know. I remember going to get my mother a Mother's Day card at the CVS and a woman there going, "Oh, look at all the guys here coming to get a Mother's Day card."
And I said, "Well, at least we're getting her a card."
Jeez, [music] what I think about Guitar Rig 6. You know, there's nothing wrong with Guitar Rig 6. I was just talking about guitar rig earlier today with a friend of mine and he he has guitar rig 7 and he was like uh you know he goes the clean sounds are always pretty good. He was talking about the Vox AC and stuff like that in Guitar Rig 7, though I don't think there's a huge difference between them.
And um but he said, you know, they the distorted sounds just don't get quite as good as DHU.
DHU pretty damn good with the with the distorted stuff and how it cleans up, you know.
[music] >> [music] [music] >> you know, it's got a good It really has good dynamics uh going on. And um I think um and maybe this is uh just uh THU figuring it out. I swear there's almost a constant slight compression going on.
[music] And it just it makes the notes ring a little bit more evenly.
[music] [music] your Mother's Day card was $9. You know, I have discovered um literally this past week, I discovered that uh I have not just a regular membership at Costco, but I have an executive membership.
and the executive membership um I get like cash back and that cash back I get every year from them more than pays for my membership way more than pays for my membership.
So, I've always done it, right? Because I shop there enough and um uh it's like 5% back on I think gas or that might be with the card. I forget now. But anyway, um you also get one of the privileges is that you get to go in the store an hour before everybody else.
So if you go to the store in the first hour, you can, you know, you can go in without everyone else in there. And a I saw a couple people get turned away at the door.
And they were like, "Well, when can I go in?" And they're like, "Well, according to my watch, about 35 minutes because it's 9:25 and you can't go in until 10:00." They were like, "Oh, okay."
And then when I was done in there shopping and uh I was leaving, um there was like 30 people like waiting at the door to go in and I was like, "See you suckers."
Uh, I just, you know, I just I It's not you, it's me.
So, I um I've been I I went to Home Depot uh yesterday before uh Costco. Costco. So, I went to uh Costco yesterday early. Got there like 9:15, you know. breeze right in with my executive membership. Oh, yes. Whoa. And uh [laughter] and I picked up a um they had a wonderful pre-made Mother's Day bouquet.
It was gorgeous. And it came with its own vase. Wasn't cheap, but it was probably It was certainly cheaper than if I had something like that delivered.
That's for sure. probably half the money if I had it delivered.
Um, so I was like, I'm just gonna get her this.
And so I picked that up from my mom. And um, my wife told me, don't get me flowers.
Get flowers for the yard because our the spring flowers are all going and we can get rid of them and and and put in like the summers, right? the the uh the annuals instead of the perennials. And so uh cut down the perennials, throw out the annuals, and you're good to go. So I got my wife um this like just this flower pot that was less money than the freaking bouquet, but it'll go all summer.
So should be good.
I already uh I spent the day yesterday cleaning out the freaking flower beds and putting down uh some think it's called pin. It stops seeds from germinating so you don't get weeds coming up. Put down some mulch and uh put down some flowers. And my wife was like, "Oh, it looks nice." That was my Mother's Day gift. New flower beds.
Your mom's 85. My mom's 86. [music] [music] Yeah, you got to get a I didn't get her a card. And we're going to freaking brunch tomorrow.
So, you know, those flowers weren't cheap. Those are He rang me up and there was a dude standing right there so I couldn't go put him down. I want to look that cheap.
No, no, I got it. What? What? What? I I got it. I'll pay it. What?
[laughter] [music] Mr. How? Yeah, obviously not a Yale man.
[music] Another Mother's Day. Did uh uh did Outside Flowers today $300 later.
Yeah.
[music] Oh, sorry to hear Mark. [music] >> [music] [music] [music] [music] >> What's up, [music] David?
So, another thing that sort of came up this week, again, had not a ton of guitar playing this week, but um I needed a special uh fertilizer I use every year, but my local Home Depot was out of it. The closest one was a bit of a drive. Even my next closest one didn't have it.
And it's normally 30 bucks for the bag, but they were having the sale. They were half price. They were $15. And I said, "Oh my god."
Uh, I wanted to get one. Sold out.
So, I was like, "Ah, sold out." But I I was looking online and they're like, "Well, we can deliver it today for free." I was like, "Get the hell out of here." Like, no, seriously.
So, I put it in the card and it came up at the normal price, which was $29.99. I said, "Well, that's where they're getting you. They're getting you and they're going back to normally it is I bought this fertilizer every year for like 10 years. It is it's like 28 $29 a bag like literally every single freaking year.
And uh so I was like, you know, I'll get I'll whatever. That's the normal price.
But when I went to check out it went blurp blurp. Oh, wait a second. There's a 50% off sale happening right now. And it cut the price in half. They cut it down to 15 bucks and they're like, "Do you want it delivered to this address?"
And it knew my address. I said, "Yeah."
And sure enough, about three or four hours later, a woman pulled up in a freaking toy, not a Toyota, in a Volkswagen. A Volkswagen.
Do they still make the Jetta? I don't think so. Pulled up in a freaking Volkswagen. I said, "Who's this?" Saw it on the camera. Said, "Oh my god, it's my freaking fertilizer.
Oh, I was it blew my mind.
I was like, man, I love it. I don't have to leave the house and uh it just shows up and I don't have to pay any more than I would if I went to the store.
Sign me up.
So, I started looking into it for I was like, "Well, rather than go and get the um mulch, why don't you have the mulch delivered just like you had the fertilizer delivered?" Right? Clearly, they can take a big heavy bag like that. So, I put in like two bags of fertil I mean, uh, mulch free. Three bags, $25 delivery fee. six bags was like a $45 delivery fee. And I was like, "Oh, yeah. Okay, there you go.
You can get it delivered for free, but only if it's something small, they don't want if if you want a big if you want a pallet of freaking, you know, fertilizer delivered, it's that's going to cost you, which is counterintuitive. You would think the more you spend, the more your your your delivery would be free."
But they're like, "No, we This is a You wonder if they're just renting a freaking Uber."
[music] [music] Exactly. My fertilizer Door Dash. I What a world we live in. I know, right? Blue Sad says, "I did Home Depot delivery thing and they promotion. They screwed up three times in a row and then they offered free delivery." Yeah, if they screw up enough, that'll do it.
But that, you know, that the uh the mulch, you know, that that's a little bit of work. You know, I think it's two cubic feet per bag.
So, you're looking at six bags. It's 12 cubic feet.
It's a little That's a little bit of product.
A pallet of mulch. There you go.
>> [music] >> Uh, how much cutter are the pickups in the TNC compared to the regular Oz oz ROA? Um, I don't know that the bridge pickup they use a I think I think compared to the one you the the the um the Oz um ROA which is the roasted maple one.
I think it's this humucker and I think it's this single coil. I don't think they changed that. What's different is this pickup.
That's the one that's that's not on the other two. But I I think the the ROA, if I remember correctly, because I have one, is I think it's these two pickups and then another one of these right here.
Pretty sure.
Don't quote me though. [music] >> [music] >> would dry a thermal fuse and other parts on Amazon Sunday. Got them like two hours. Yeah. Later. Yeah.
Yeah. You know, what a world. I, you know, one time it was right before Christmas and I, you know, I got a bunch of gifts for people, but I wanted I I usually get a family gift, you know.
And um I was thinking maybe I'll get a sound bar with a subwoofer for the new we had just the year prior got a new TV for the living room an LG. And the whole thing about getting sound bars or any of that electronics equipment just get the same brand because they they give other components in their ecosystem preference. So before you put like a, you know, a Sony soundbar with your LG TV, just get an LG soundbar. And sure enough, they were like, "Oh, do you want like LG like compatico, you know, sound vision?" It's like, "Sure."
Right? It recognized it and it made it like super easy to integrate it. But like the the the soundbar and the um and the subwoofer, they were doing like a massive discount on uh um Best Buy and instead of being something like $3.99, it was like 99.
I couldn't believe how cheap it was.
said, "You know, for that kind of money, sure. Yeah, I'll get it." And then they were like, "Choose your delivery option." They're like, "Today by 6:00 p.m. free." I was like, "Sure."
This this is like a couple of like a day two days before Christmas.
And sure enough, like a dude pulled up in a freaking Honda Civic, popped that hatchback, pulled out that subwoofer and uh, you know, soundbar speaker package and placed it up on the porch. I said, "Oh my god, it's here. That is unbelievable."
Didn't have to leave the house. I love it. [music] Got a trailer load loaded up.
[music] [music] Uh, Blue says, "Never wanted one. In fact, never like 335s." And then a few weeks ago, you found yourself buying one. [laughter] It's an old man real guitar. Yeah.
[music] >> [music] [music] >> Now you're starting to see him everywhere. Well, that Well, that happens, right? You're interested in buying a car and suddenly you see that car everywhere because you got it on your head, right? You're thinking about it. You get into a guitar and suddenly everyone's playing that guitar. It's because you're thinking about it, you know?
>> [music] [music] [music] >> like brands will usually coordinate TV speakers with the sound bar. Yeah. You know what? It's usually not a problem.
It's just straight up Bluetooth, but I feel like they they do give preferential treatment to their own in-house brand, right? And they there's always some marketed name for some sort of tight integration that they have.
Um so I I I just just go with the one.
And you know what? The remote worked instantly. Didn't have to train it. It just worked with it. Um, there was all kind. It It was actually pretty good.
Uh, my one back there is a High Sense and I'm using a Vizio soundbar just on a an optical cable and it's been fine.
[music] [music] >> [music] >> Good to see you, Paul. [music] [music] You seeing fertilizer ads already? Let me check my tuning on this thing.
Where's my tuner?
That's not bad.
Pretty good there. There's your culprit.
Tiny bit flat. And the B2.
There you go.
>> [music] [music] [music] [music] [music] >> Now the front loader filled the uh the trailer with a scoop of mulch. I've done that. I had a pickup truck once went and the guy just drops the whole a whole uh pretty much a whole bulldozer bucket full in the back.
[sighs] But, you know, it's it's tough to work with. That's a lot. It's kind of tough to work with. And if you don't get it out there and it rains, it really gets soaked. You know, you got to work with it very quickly and get it out and get it spread out.
And um and the mulch was cheap. Three bags for 10 bucks. That's six cubic feet for $10. That's not bad.
How's the guitar rack holding up? It's working great. And you know, it's got a lot of hidden room on it because it's so deep. It's deep. So, I've been just loading it up with stuff just to get things up off the floor and out of my freaking way. And uh it's been freaking awesome. It's been really good.
And uh you know I I I I have a few more projects I got to do, but nothing not as big as that.
I have a nice rollaround bench I use for, you know, projects out in the yard, but and I have a stationary bench, but I feel like um I wouldn't mind a like a rollaround sort of like um almost like a like a quick use table.
We'll see.
It would have to be something that could get rolled around.
for the for the garage, [music] [music] but a couple of Harley Benton 335 models. Nice. 225.
Can't beat [music] the price.
You just dropped off your I haven't to get plexed. I've never had a guitar plex. I mean, I've got a few Gibsons and they say those are plected all pleed from the factory. When I did the tour, they had a whole pleing room and they, you know, they had a queue set up.
Guitars would go in and get set up for the whole pleing.
So, I have a couple of guitars, the Gibsons, that have been plucked from the factory, but I don't think I've ever I've never sent a guitar out to be plected. Now, [music] a Pesa Ketta. Is that um a current model? I can if it's current.
Let me check here. Uh, go to z creamer.
Hey sir, they have one.
They have a They have a red one.
Yeah. Pacer deluxe. Pacer Carrera.
Oh, and you're in luck. They have a They have an open box.
So, not this next round, but maybe the round after that if they still have it.
I can get it. Yeah, it looks nice.
All right. Like like that.
Sure.
No inlays though, huh?
Interesting. [music] [music] [music] >> [music] >> It looks good. Nice red.
Do they have any other color? Black.
Black. But they don't have an open box.
[music] >> [music] [music] [music] >> Do I know what year they started plucking? I don't. But I feel like it's been going more than 10 years, right? At least 10 years. Longer, maybe 20.
Have you seen the Fusion 4? I have.
I have. They look nice. The new Fusions.
Hi, Steve from Boston. I'm Nora from Cambridge. Hello, Nora.
>> [music] >> God, I used to uh I used to work in Kendall Square [music] at one me drive.
[music] [music] [music] which I think has the British for a while there after I was out of the building they uh I think they put the British consulate in there so the security's through the roof >> [music] [music] >> Does your guitar have tuner? I don't know what that means. Locks. Locking tuners.
It does.
Is that what you mean?
[music] Do you have any jams or pas now? I had a jam years ago. I had the original green one, which I probably should have never sold. I'd win the freaking internet now if I still had it. Speaker remembers it.
I think I did a gig with it with Speaker.
Um, the bright green one. Probably should have kept that one.
>> [music] [music] [music] [music] [music] [clears throat] >> Well, driveway is still empty. We're still good. [music] [music] Speaker says, "I remember your jam. I was afraid to pick it up." Yeah. Yeah. I sent that out and I had um there was a guy who was making custom guitar painted bodies and I gave it to him and he cleared over the signature because it was already starting to rub off a little bit and so he cleared which may or may not ruin the value I don't know but that signature was going nowhere because he cleared over And you couldn't tell. It was beautiful.
But the one thing you could tell is you could rub it with your finger and it wasn't going to wasn't going to come off any longer.
[music] [music] Any big summer projects? Several.
The big one is uh the wood on the front porch there that has to get done. I've been thinking about that for like literally couple of years. What's going to be worse than actually changing out the wood is building the scaffolding because it's it's pretty high up and uh you know I have an aversion to falling try. My doctor says don't fall if you can if you can possibly avoid it. And I I'm taking his advice. Um, so I I got to figure out how I'm going to I have to build some sort of a scaffolding out there.
And uh that's going to be the trickiest part.
It really is because I got to be up off the ground a good six or seven feet for quite a distance to to be able to work the whole thing. It's going to be and uh the more I look at the the boards that are in place that you know those were done by real carpenters.
So there's like um tongue and groove.
There's like a channel slot at the bottom that's got to be filled in. That has to be switched at some point where all three pieces, the left side, the right side, and the bottom channel have to be taken out. It's going to be a freaking nightmare. I'm already I've been dreading it. But it was it's got to get done.
It's all building towards uh getting the house painted again. My aversion to ladders. I don't want to go up and paint the house myself.
Don't ever sell a gem. I You know what?
It was my stupid college. I had to pay my stupid college tuition.
That's literally why I sold it because I was on my own at that point paying for my school and I I had to pay the I had to pay my my tuition.
So I sold the gem, pay for stupid school.
[music] [music] >> [music] >> Yeah, for college. Total scam. Um, and the funny thing is is it was a state school and it really wasn't all that much money, but it's still more money than I had.
And uh I had to sell it.
[music] [music] [music] >> [music] >> Yeah. No, we we we all that that was definitely a lesson in high finance.
[music] >> [music] >> But uh I also spent and this would have been 1991 roughly 9091.
I also dropped um5 $1,500 which you know was a lot of money now let alone then $1,500 on a on a new bike on a mountain bike which was a lot of money. And I could have bought a mountain bike for 300 bucks. 500 for a decent one. Of course, I dropped 1,500.
It's a goddamn arms race. Everybody was trying to get the out bike each other.
[music] What's up, guitar guy? [music] >> [music] [music] >> back when you could work a summer job and afford tuition. Yeah. I want to say it was something like um 1,800 bucks.
Um, I forget if that was the year or the semester, might have been the semester because I was coming out of community college and that was 450 a semester for five classes. So, pretty cheap.
And then um yeah, I want to say it was something like 1,800 bucks. No, maybe not. Maybe it was like a,000 bucks. 1,800 was for two $900 semesters. That might have been it. About twice as much as I was paying, but I don't think I was taking five classes.
[music] And I would spread it out over the summer.
[music] [music] Yeah, I think I I had a college band.
>> [music] >> Trying to think of the songs we used to do, you know.
[music] Probably um [music] Heat.
[music] [music] [music] Hey, heat. Hey, heat.
[music] >> [music] [music] [music] [music] >> I think we used to do that.
[music] [music] >> [music] [music] >> I think we used to do that too.
[music] >> [music] >> You can do it here if you wanted to do it.
[music] >> [music] >> But one of us would do it there and the other would do it here just for a little different sound.
[music] >> [music] [music] >> on my face. [music] All right. A little dominant. [music] Where's it go?
>> [music] >> Great riff. Really works.
This is my guitar.
This is This is one of mine.
[music] And And so is Monday's. Another one of mine. Couple of Couple of in-house models.
[music] Oh, it's all quiet. [music] [music] [music] What's your favorite dueling guitar kind of tune?
>> [music] >> I can't think of one off the top of my head, but I got to think that there's um probably like an Eagles tune. And I also got to think uh like Almond Brothers or um Leonard Skard, you know.
>> [music] [music] >> Heat.
[music] [music] Heat.
[music] >> [music] [music] >> thing is when they recorded that they were playing those parts separately, not one person. When they do it live, only one guy plays it.
Yeah, the SFP Select Vault.
Unfortunately, I couldn't play my select Strat, which is a great guitar of the week, but you know, it was around for one year, 2013. Guitar is 13 years old and it's never coming back.
[music] >> [music] >> Heat. Heat. [music] [music] >> [music] >> I'm trying to think [music] that [singing] I'd have to think. This is all by ear, you know.
>> [music] [music] >> I saw Frank Zappa do that tune. Sounded freaking killer.
is you had that uh singer there that he also played keyboards just belting that tune out. Man, he sounded amazing.
[music] [music] Have a good one, Mark.
[music] >> [music] >> Still quiet.
[music] We might make it till 9.
[music] >> [music] >> What are some decent speakers to play THU through?
To be honest, I think that those clip speakers, those uh 2.1s, the THX approved ones off of Amazon for like I don't know between 130 and 150 bucks. I wouldn't pay much more than that. I think those are some of the best that's like one of the best values out there.
They sound amazing. They're small, but they have a subwoofer, so they more than make up for their small size with the with the big giant heavy subwoofer.
Um, I think those sound pretty damn good. You know, if you didn't get those, I'd get like KRK's, you know, like KRK6.
Um, you could get the Yamaha sixes.
Those are very popular. Some people like the radio horns out of the JBL's, but I always thought those were a little bright, but that better for a PA application than straight up guitar. Um, but I have a set of KRKs I used to use.
Um, but I I still think I still think that uh those clips uh THX approved 2.1 the THX pro media.
Get them on Amazon. 130 bucks, 140, 150 bucks. I wouldn't pay any more than that. But as long as it's between say $130 and $1 150, those are killer.
I remember I I I bought a pair of like Pressonus like $99. They were so small, they were so light, they were so weak. I returned them and I spent a little bit more on the uh THX. And I mean, it's just like night and day how much better those freaking THX sounded. Just incredible. Just because of the subwoofer whipping post. Exactly.
Why do you have to play a guitar that can be purchased still? Uh it's just sort of a rule I set when I came up with a guitar of the week. I was like, what's the point, right? If you can't get the guitar, then it just becomes academic.
Right. The whole point of it is is that if you like the guitar, you can go get one yourself.
Um, it's also to drive traffic to the sound site. And so if I'm showing guitars from 10, 20, 30 years ago, how does sounds benefit from that? They don't. So what's their incentive in sending me guitars if I'm gonna like Oh, that sound like someone. Oh, yeah. That's someone coming home. Oh, we might be we might be wrapping this up. That might be it.
Squeaky squeaky floor. I know. Oh, I know that squeak.
[music] Yeah, I think we're going to wrap it up.
It's 8:44 and Yeah, that's [music] that's that's people coming home.
All right, dudes.
Thanks so much for hanging out tonight.
that you guys have a wonderful week.
Check out Monday's video. It's another in-house stash uh video. You can check that out.
And uh it's a good guitar. In fact, it's one of those guitars that I I took out and I was like, "Oh, you should play this one more.
Why don't you play this guitar more?"
So, you know, it's uh lost but not but not never forgotten. You guys all have a great week. I'll see you all in a week.
Until then, have a wonderful week and uh check out Monday's video and uh I'll see you back here next Saturday and we'll we'll do it all again. And there you go.
No, you rock and and have a happy Mother's Day. Uh to everyone out there that uh that that has something going on, enjoy your Mother's Day day.
It's from the redundant department of redundancy.
And uh and there you go. All right. No, you rock.
Have a great week. I'll see you next week. And uh and there you have it.
I'll have more trailer news. Um I don't think I have any photos this week. I'll try to take a picture this week to show you with all the hardware. It looks nice with all the bright shiny new hardware.
Kind of it, you know, it it punches it up a little bit. H. It looks pretty good. All right. No, you rock. All right.
Have a great week. I'll see you next week.
Later.
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