Gibson v Dean trial to start

[ICTGoober]

Legends, presidents and Back To The Future: witnesses and exhibits named ahead of Gibson vs Dean trial | Guitar.com | All Things Guitar

[Top-L]

This is ridiculous. If they were concerned about their trademarks, they should have been defending them for the past 40 years. Dean is serving as proxy to all the companies that "copied" these body shapes over the years.

[beaubrummels]

Gibson won't win this if Agnesi's statement is their position. It's not a counterfeit if it's just infringing a trademark shape. It would only be counterfeit if every aspect and detail was designed to fool the average consumer, including putting the Gibson name on it. For trademark, the remedy might be other companies have to change their shapes a bit. But waiting until 2019 to protect a trademark on something in the market for over 50+ years is too late to file for protection. And the court is not where you file for trademark protection. They let those shapes become public domain by not acting from the beginning.

[Securb]

This is ridiculous. If they were concerned about their trademarks, they should have been defending them for the past 40 years.

They have. They sued Ibanez and won and countless others over the years.

[Securb]

But waiting until 2019 to protect a trademark on something in the market for over 50+ years is too late to file for protection. And the court is not where you file for trademark protection. They let those shapes become public domain by not acting from the beginning.

Nope, they have been defending the shapes for years in court. They don't win a lot but they still defend and list the shapes as a trademark. I am not saying they are right or wrong, I am saying they have the legal right and have been defending the trademark all along.

[beaubrummels]

Nope, they have been defending the shapes for years in court. They don't win a lot but they still defend and list the shapes as a trademark. I am not saying they are right or wrong, I am saying they have the legal right and have been defending the trademark all along.

Was 1977 the first case? Isn't that still 25 years into having their trademark unprotected?

[ICTGoober]

They sued Ibanez and won and countless others over the years.

INCORRECT! Gibson requested they stop making copies, OR they would file a lawsuit against them. You might say "so what"? In a court of law - these things matter. There was NO lawsuit against Ibanez. It would have been useless anyway because Ibanez had already made the decision to continue with their own original designs, and stop making copies.

Also, the letter you posted went out to all Gibson dealers - not makers of Gibson copies.

[Securb]

Was 1977 the first case? Isn't that still 25 years into having their trademark unprotected?

I am not sure but I know after Ibanez they went after Fernadez, PRS, Kiesel, and a few others. I don't know what happened before Ibanez. I would guess in the early days, the late 1800's Orville would probably take his walking stick to a scoundrel who dared infringe on his business. "No need for barristers my good man I shall thrash thee where thee stands"

[Securb]

INCORRECT! Gibson requested they stop making copies, OR they would file a lawsuit against them. You might say "so what"? In a court of law - these things matter. There was NO lawsuit against Ibanez. It would have been useless anyway because Ibanez had already made the decision to continue with their own original designs, and stop making copies.

Also, the letter you posted went out to all Gibson dealers - not makers of Gibson copies.

They filed suit and then settled out of court, yes I know the letter starts with "Dear Gibson Dealers" is announcing the lawsuit. "started legal action Federal Courts"

https://www.premierguitar.com/pro-ad...wsuit-les-paul

[Aceman]

Man - what a dooshbag business move.

At the end of the day, no one is confused about the difference between a Gibson and anything that looks like a Gibson. This isn't going to help Gibson sell guitars, it isn't going to stop people making Les Pauls, and whatever else.

Just a big waste of time and money on everyone's part.

[Ashurbanipal]

Waiting for all those 19th century Italian mandolin makers to retrospectively sue Gibson from the grave for using the open book headstock.

[idsnowdog]

Maybe Gibson shouldn't have created a lucrative market for Dean to sell lower priced copies by inflating their own profit margins?

[ICTGoober]

A THREAT to file suit is NOT a suit. Experts with more legal knowledge than you or I came to the same conclusion. There was NO lawsuit.

[ErikH]

Maybe Gibson shouldn't have created a lucrative market for Dean to sell lower priced copies by inflating their own profit margins?

Have you seen the prices of Dean USA models the last few years? They are not far off from, and in some cases more expensive than, Gibsons.

[Securb]

A THREAT to file suit is NOT a suit. Experts with more legal knowledge than you or I came to the same conclusion. There was NO lawsuit.

On June 28th, 1977, Norlin, the parent company of Gibson, filed a lawsuit against Elger (Ibanez) in Philadelphia Federal District Court . The case was “Gibson Vs. Elger Co.” with Gibson claiming trademark infringement based on the duplicate ‘open book’ headstock design of the Ibanez copies.

.