IS THE ES-335 TRADEMARK FIGHT GIBSON’S BIGGEST LEGAL BATTLE YET?

Discussion in 'Bad Dog Cafe' started by warrent, Jul 11, 2019.

  1. warrent

    warrent Friend of Leo's

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  2. Obsessed

    Obsessed Telefied Ad Free Member

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    Interesting court battles. Not knowing much about court law, what was the court history, if any, behind the "lawsuit guitars" of the 1970s? Any precedents from that era?
     
  3. WetBandit

    WetBandit Friend of Leo's

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    The problem is the same here with the flying v...

    They have let it proliferate for FAR too long to try and call it their own now.

    It's far too common a guitar shape/style at this point.
     
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  4. LunarSlingShot

    LunarSlingShot Tele-Meister

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    Seems Gibson knows that public perception of it's company has been in decline over the last 10 years or so. In order to keep making stupid amounts of money I guess they decided they could just sue everyone into not using their designs so you can only get guitars like that from them.
     
  5. MDent77

    MDent77 Tele-Afflicted

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    I don't believe Gibson went to court with some of the Japanese companies in the 70's - they threatened legal action yet settled out of court. For example, Ibanez agreed to stop copying the style headstock of Gibson.

    [​IMG]

    Pre-lawsuit and post lawsuit headstock.

    The PRS decision (court legalese) may be more applicable to body styles being trademarked/intellectual property. It doesn't appear body shapes have that much precedent to be IP. But we will see with the Gibson vs Dean action.
     
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  6. bgmacaw

    bgmacaw Friend of Leo's

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    I like how in the now infamous deleted video he referred to the ES-335 as having "mouse ears". Disney's lawyers might want to have a word with him.
     
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  7. G.Rotten

    G.Rotten Tele-Holic

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    Blah blah blahdiddy blah. Dean made the guitars & put Dean's name on it. If Dean made the guitars & put Gibson's name on it, then there would be a case.
     
  8. CapnCrunch

    CapnCrunch Friend of Leo's

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    Speculation about Gibson's corporate intent aside, copyright, trademark and patent law all are designed to protect the intellectual property of the creator's, designers, inventors etc. There would be little incentive to create anything new if any old Schmuck could instantly copy what you worked hard to design. I don't fault Gibson at all for wanting to protect what they created. Whether they can, is another question altogether. The older cases pretty much stand for the proposition that a trademark/copyright holder can protect their logo and their headstock design and shape, but to this point body shapes have not been protected.
     
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  9. G.Rotten

    G.Rotten Tele-Holic

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    Zeus is planning legal action over The Explorer's lightening bolt shape as well as the rep for hunters over the last few millions of years for The Flying V's arrowhead shape. Should be an epic next few years in court for Gibson.
     
  10. L.A. Mike

    L.A. Mike Tele-Holic

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    These types of corporate lawsuits for infringement go on all the time. In order to prevail and get a judgment in your favor you need lots of money for legal fees.
    No money, no favorable judgment.
    Gibson has a right to protect whatever they think is theirs. Whether or not they will be successful remains to be seen. Depends on who hears the case and what "experts" are brought in to educate the court as to why there is an infringement or not.

    All threads like these accomplish is to feed the Gibson Hate Machine.
    Just like what happens over at The Gear Page.


     
    Last edited: Jul 11, 2019
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  11. schmee

    schmee Poster Extraordinaire

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    I sincerely hope a 335 ish pre Gibson non Gibson is found so Gibson has to pay up for all those guitars they've sold for 60 years!
     
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  12. G.Rotten

    G.Rotten Tele-Holic

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    They should just buy their competitors like they did with Epiphone. Wait......didn't Epiphone have a Strat & a Tele?
     
    Last edited: Jul 11, 2019
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  13. tlsmack

    tlsmack Tele-Afflicted

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    Legal battles won't make me want a Gibson any more or any less. Quality control, affordability, and features will!

    Or just get a Tele Deluxe, and call it close enough for rock-n-roll!!!!:)
     
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  14. MDent77

    MDent77 Tele-Afflicted

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  15. LunarSlingShot

    LunarSlingShot Tele-Meister

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    Ok so.....how long have these designs been around? Why is this happening over 40 decades after a lot of these shapes have been designed? I understand that if I created something I would not want someone to come along and steal the idea and start making their own as soon as I put it out. However, now that their company has been drug through the mud and they have poorly marketed themselves for in recent history, NOW is the time that they are wanting to put a stop to all of the these companies that are making 335, V, and Explorer shaped instruments? I'd say that ship has sailed and they are just wasting more money.
     
  16. G.Rotten

    G.Rotten Tele-Holic

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    I made this thinline a while ago

    image.jpeg

    It has Gibson 57 Classics & sounds very little like a true Gibson or a Fender (obviously). Somewhere in the middle. I never play it anymore.
     
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  17. Ironwolf

    Ironwolf Poster Extraordinaire Gold Supporter

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    Regardless of what any of us think of Gibson's motives or personally believe what their chances of success are, the reality is that the final decision is up to the courts. If you have paid any attention to the courts over the last 60 years, you will realize that their behavior and decisions are, more often than not, completely unpredictable by the average Joe, and not much more predictable by trained lawyers.

    Just stand back and watch. The legal opinions of the peanut gallery are as valid as those of the mice in the courthouse basement.
     
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  18. jvin248

    jvin248 Poster Extraordinaire

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    .

    Gibson is struggling ... where do they spend their limited cash? They have so many choices.

    Marketing?
    Design and Product, like headstocks that stay on?
    Manufacturing, so when someone runs the racks they find they are all the same?
    Sustainable, environmentally protective materials and processes?
    Quality, they play easier and sound better than anything out there?
    or ... Lawyers? Are lawyers even buying Gibson models....

    What spending choices will make Gibson's end customers desire to buy more of their products? Lawyers ain't going to do it.

    Musicians are often independent thinkers, root for the little guy over the bully Goliath, rebel against the thumb of "the man", want high quality instruments, and want to believe a company is pursuing beneficial progress for society.

    Spend all your limited resources chasing companies like a bully in court with a fistful of lawyers is only going to cut off more sales than trying to gain by scaring competitors.

    ... you can frighten competitors just the same with superior products.

    .
     
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  19. LunarSlingShot

    LunarSlingShot Tele-Meister

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    I'm completely in the opposite camp. A company's behavior absolutely influences my desire to buy their product whether it's new OR used. The last several years of Gibson have left a bad taste in my mouth, between the previous CEOs desire for Gibson to be a "musical lifestyle company" synonymous with expensive brands like rolex that no one can afford, to the lawsuits, to the "play authentic" video. Seems Gibson wants to be the elite corksniffer brand that only doctors and lawyers can afford.

    When i was interested in buying a Les paul recently I decided I would only look at companies that make similar Les Paul STYLE guitars. I will not rep Gibson in any way and that includes buying any of their products including Epiphone.

    The post above me gets it. I won't buy from a bully company.

    Fender and other brands make anything I could ever want to play or use. I don't need to buy an "elite" brand like Gibson. Especially when other companies quality control is likely better.....
     
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  20. Guitarteach

    Guitarteach Poster Extraordinaire

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    I am going to trademark a body with a neck and six strings and then become a Lawyer!
     
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