The Last Bass Outpost

[...] Defendants and any affiliated or related entities, agents, officers, employees, representatives,
successors, assigns, attorneys, and all other persons acting for, with, by, through, or under
authority from Defendants, or in concert or participation with Defendants and each of them:

a. shall dispose of the inventory identified in Exhibit D of the Parties’
Confidential Settlement Agreement pursuant to the terms of that
agreement;

b. shall completely cease all use whatsoever, directly or indirectly, of the
FENDER Marks, or any confusingly similar imitations thereof, in
connection with Defendants’ guitars or business, or other goods or
services, including without limitation in connection with the sale,
advertising or promotion of Defendants’ goods or services;

c. shall completely cease using, directly or indirectly, any trademark, service
mark, name, logo, design, source designation, or identifying characteristic
of any kind that is a copy, reproduction, colorable imitation, or simulation
of or confusingly similar to, or in any way similar to or likely to dilute the
distinctiveness of, the trademarks, service marks, or logos, designs, source
designations, or identifying characteristics of Fender, or is likely to cause
confusion, dilution, mistake, deception, or public misunderstanding that
Defendants’ guitars or business, or other goods or services are the guitars,
business, goods or services of Fender, or are sponsored, licensed,
endorsed, approved by, affiliated with, or in any way related to Fender or
its guitars;

d. except as provided for in paragraph 3 of this Consent Judgment, shell
remove all references to or depictions of the FENDER Marks, or any
confusingly similar imitations thereof, from any advertising or
promotional materials used in connection with their business, including
without limitation any website, social media or other online, electronic,
print or brick-and-mortar presence, published or unpublished, whether
existing in text, source code, photographic, videographic, audiographic,
hyperlink or other form; By way of example and not limitation, such
removal of references to the FENDER Marks may be accomplished by
means of the following: (a) elimination of text or titles referencing the
FENDER Marks (e.g., “Stratocaster,” “Telecaster,” “Strat,” “Tele,”
“Relic,” “T-Caster,” “S-Caster” (although references by Defendants to
“AVR-T” and “AVR-S” guitars are acceptable); (b) elimination or
modification of photographs depicting the FENDER Marks (e.g., cropping
photographs of Defendants’ guitars to remove imagery of head stock
designs owned by Fender); and (c) elimination or modification of audio or
video depicting or referencing the FENDER Marks (e.g., modifying audio
which utilizes references to the FENDER Marks in describing Kelton
Swade guitars or (as an alternative to the disclaimer provided in Paragraph
3 blurring or otherwise obscuring the imagery of head stocks of Kelton
Swade guitars to modify depictions of head stock designs owned by
Fender);

e. shall re-design the head stocks of his guitars using paddle necks or other
raw material, such that any new guitars, i.e., those not in the inventory
identified in Exhibit D of the Parties’ Confidential Settlement Agreement,
that are thereafter sold or offered for sale by Defendants after the entry of
this Consent Judgment have a unique head stock design that is neither
identical to nor will create a likelihood of confusion with any head stock
design owned by Fender; and

f. shall submit to this Court an affidavit or declaration certifying Defendants’
compliance with this paragraph within one week of the expiration of the
period.
The ninety-day phase-out period contemplated by this paragraph does not authorize Defendants
to undertake any new uses of the FENDER Marks during that period.

3. This Consent Judgment shall not prevent the Defendants from maintaining
previously-created videos in connection with the promotion or advertising of their business that
feature depictions of guitars crafted by Defendants before the entry of the Consent Judgment and
wherein such guitars bear infringing uses of head stock designs owned by Fender - - provided,
however, that in all such cases, Defendants shall include a specific disclaimer (provided below)
in the text immediately below the title or identifying language of each such video and on any
physical object, website page, social media or other online, electronic, print or brick-and-mortar
presence upon which the video is visible. The disclaimer shall read as follows: “Disclaimer:
The Kelton Swade guitar presented in this video features a head stock design owned by Fender
Musical Instruments Corporation (‘Fender®’). Such use was without the consent of Fender®,
and Kelton Swade no longer manufactures, distributes, advertises or sells guitars bearing that
head stock design. Kelton Swade is not now, nor has he ever been, a licensed supplier or seller
of Fender® guitars or other Fender® products or services. Neither Kelton Swade nor his
products or services are sponsored, licensed, endorsed, approved by, affiliated with, or in any
way related to Fender®.” [...]

[...] The Fender licensees are authorized to make replacement necks for Fender products, not parts for new product. [...]

Yes, but in addition to the shape and (until recently) Gibson logo, they are using the model name.  That changes things.