Is this even legal? eBay "Pono" listing

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hammer40

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I came across this listing on eBay and was wondering if you can legally take an instrument, change it and still sell it under the original manufacturers name? Not to mention, if you blow up the pictures it was a shoddy job at that. He does mention that he worked on it, but should you have to remove the logo at some point?

I already forwarded the listing to Andrew/Pono.

This is the listing
http://www.ebay.com/itm/PONO-CUSTOM...107241?hash=item43efb024e9:g:iWcAAOSwbYZXVNk6
 
I would think that you could. I mean, people customize all kind of things. I own an 83 Yamaha XS650 motorcycle that I have customized into a cafe racer. It does not look anything like it did when it came out of the crate, but it is still an 83 Yamaha XS650. I don't know what the problem would be, he is quite clear that he is selling a customized Pono.
 
Why not? You can modify pretty much anything, cars as an example, extensively and still sell it using a brand name. But you do have to give full disclosure of what's been done etc. This listing is obviously not a Pono anymore, but merely something based on it. I wouldnt buy it. I seriously doubt it'll affect the brand image at all.
 
I find it more curious that they state that they got a damaged instrument, got their money back from the insurance, then had it fixed up and now sell it for $1700. I doubt it's a legal concern, but somehow it seems off.
 
The seller is pretty straighforward as to what he is selling. We are all free to walk away from this one, esp at that price.
 
Pictures very useful...................;)
 
I don't see a problem with it. As some of you might know, I take Rondo Hadean solid body bass ukes and modify them into various other style basses, like Hofner violin, AudioVox Serenader, Rickenbacker walnut, Fender Jaguar, Gidbson GB3 SG, and call them modified Rondo Hadeans. I even converted an Epiphone Les Paul Express guitar into a bass, and call it a converted Les Paul Express.
 
No, there's no law at all, it is in fact a Pono. It's a private sale of a used item. There's no legal difference between selling a Pono that's been painted pink and one with a few strum marks. If someone wants to soup-up Mustang and sell it, is it any of Ford's business?

Legally, private sales are between buyer and seller, and as long as the seller is honest with the buyer, it's no one else's business... literally. :)
 
I'd call this a FrankenPono. I looked at one picture showing 2 wood screws holding down a fretboard extension to the top. Also looks like the fretboard was broken at the 14th fret (where the neck meets the body), with wood filler used on the side of the fretboard, in multiple places. If the outside work looks amateur, one can only imagine what the inside work must be like. I doubt that's the work of "one of Hawaii's major luthiers" as claimed in the listing. The luthier is not named.

For what the seller is asking ($2255) or less one could buy a great custom ukulele from one of several well known uke builders.

Pic from ebay listing.
s-l1600.jpg
 
Last edited:
Mivo said:
I find it more curious that they state that they got a damaged instrument, got their money back from the insurance, then had it fixed up and now sell it for $1700. I doubt it's a legal concern, but somehow it seems off.
Click to expand...

It's curious but not an indication of some wrongdoing. Laws and policy conditions vary from state to state and country to country. The insurance company could have asked for the return of the damaged instrument or the payment might have been based on what it would have taken to repair the damaged soundboard.
 
Don't know what the problem is, the seller is upfront about everything. Nothing wrong with replacing a damaged top! Not to my taste, but that's just MHO.
 
What does this mean, from the description: "antique templates for flutes that were used on Stradivarius violins"
 
Also finish inside f holes...good photos

Doc_J said:
I'd call this a FrankenPono. I looked at one picture showing 2 wood screws holding down a fretboard extension to the top. Also looks like the fretboard was broken at the 14th fret (where the neck meets the body), with wood filler used on the side of the fretboard, in multiple places. If the outside work looks amateur, one can only imagine what the inside work must be like. I doubt that's the work of "one of Hawaii's major luthiers" as claimed in the listing. The luthier is not named.

For what the seller is asking ($2255) or less one could buy a great custom ukulele from one of several well known uke builders.

Pic from ebay listing.
s-l1600.jpg
Click to expand...
 
Look at the f-hole, Oh my gosh!!
That looks like something I would have done. And yes, I am an amateur at woodworking.
Only a fool would buy this uke for that price.
s-l1600.jpg
 
Last edited:
So you all are saying if I take a Pono head stock and build the rest myself, I should be able to sell it as a custom Pono? I don't know. Maybe it is legal, but seems borderline trademark infringement to me. To use the car example, it'd be like taking a Ford grill and putting it on a car and calling it a custom Ford. To use the guitar example, it would be taking the Les Paul pick guard and dials and putting it on a Strat and calling it a Les Paul. If >50% was Pono, maybe you could use the brand. However, that is a poorly built uke and the owner is clearly trying to capitalize on the Pono name for a sale WAY above true market. My $0.02
 
I had no idea Pono made an archtop model!
 
Besides the shoddy repair work here's why this one stinks, if it was received damaged in shipping why was insurance even involved, Pono would have replaced or repaired it. The whole thing stinks.
 
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