I think we have discussed this topic adnauseam where there are differing views on this subject.
But just to leave you all with something�s to research regarding intellectual property protection for companies that develop instruments, research whether �colors� have intellectual property protection.
Also, think about this: if next month, fender releases an electric guitar that has certain physical and mechanical features that cause the instrument to produce a distinct and unique sound, and two weeks later someone samples the sound an makes it in to a keyboard patch, a VST, and includes it as a patch on a guitar pedal, would Fender have any rights?
No need to answer just think about it.
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TTG