DIMARZIO SCORES MAJOR WIN IN THE BATTLE OVER ITS DOUBLE CREAM TRADEMARK

May 2021

After a four-year battle in the United States

Patent and Trademark Office (USPTO) Trade-

mark Trials and Appeals Board (TTAB) against

DiMarzio, Inc.’s Double Cream trademark, the

TTAB terminated the case at the beginning

of the petitioner’s trial phase. The petitioner

(someone who challeneges another’s rights

in a trademark) chose to withdraw his oppo-

sition at the end of discovery, rather than to

proceed to trial. DiMarzio believes that this

resolution truly exhibits the strength and en-

during nature of the classic DiMarzio Double

Cream trademark.

The DiMarzio Double Cream trademark has

been in use for over forty years, and is one of

the most recognized trademarks in the guitar

industry.

Above: Cover of the 1978 DiMarzio catalog. ©1978 DiMarzio, Inc.

Above: The revolutionary DiMarzio Super Distortion, 1974

WHAT IS THE DOUBLE CREAM TRADEMARK?When Larry DiMarzio created the first com-

mercially available aftermarket pickups in

1973, pre-installed humbucking guitar pick-

ups came with metal covers as part of their

design and 1950s patent, and the bobbins

underneath were hidden. The bobbins were

not considered a feature, but part of the

internal portion of the pickup.

DiMarzio’s pickups had uncovered coils,

revealing the bobbins and pole pieces be-

neath. Larry chose a specific double cream

configuration for his pickups so you could

identify DiMarzio pickups from a distance.

The Double Cream configuration became

a distinguishing color — and an advertised

feature — at a time when the aftermarket

pickup market was in its infancy.

By 1975, DiMarzio double cream pickups

were in the guitars of KISS, Al Di Meola, Earl

Slick, Pete Townshend, Rick Derringer, Tom

Scholz, and more.

It remains an enduring trademark to this day.

WHAT DOES THE TRADEMARK COVER, EXACTLY?The trademark (Reg. No. 1169205) comprises

the double design representation of an

electronic sound pickup for guitars in the

distinctive shade of cream.

CAN YOU REALLY TRADEMARK A COLOR?In certain cases where a color is identifiable with the brand, yes. DiMarzio was the first to market with exposed double cream bobbins, and that is their trademark.

Similarly, Tiffany trademarked their blue color, UPS trademarked brown, Christian Louboutin trademarked red soles on their shoes, John Deere trademarked green equipment, and 3M trademarked purple tape.

Above: DiMarzio’s first magazine half-page advert, Guitar Player September 1975. ©1975 DiMarzio, Inc.

Above: DiMarzio catalog, 1976. ©1976 DiMarzio, Inc.

Above: DiMarzio double-page magazine ad, 1976. ©1976 DiMarzio, Inc.

Above: DiMarzio catalog, 1978. ©1978 DiMarzio, Inc.

Above: DiMarzio cmagazine ad, 1976. ©1976 DiMarzio, Inc.

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