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Gibson fights to keep classic guitar its own
By ROB JOHNSON
Staff Writer
The guitarist's fingers slide above the unmistakable trapezoidal inlays, down toward the joining of the neck and solid body, and find the single cutaway, the gracefully curved notch into which Lester Polfus knew he could move his hand and make the highest notes shimmer.
Farther down are the dual pickups. The traditional body finishes are the Goldtop and the Flametop, both punctuated by four control knobs arranged in a distinctive diamond pattern. The world knows Polfus and his iconic creation by the same name: Les Paul.
The instrument's manufacturer is Gibson Guitars, and the Nashville company's rivals acknowledge that the solid-body electric guitar the company unveiled in 1952 was transcendent. It is ''the flagship of flagships,'' said one.
Some of the world's most influential rock 'n' rollers wield it; millions have been sold to those who crave its singular, curvaceous allure, and for decades other manufacturers have offered instruments that have veered ever so close to being outright knockoffs.
Gibson did not manufacture the Les Paul during much of the 1960s, and it did not apply for a trademark registration until 1987. By then other manufacturers were using the shape that defined the Les Paul look. Still, Gibson is now aggressively defending its trademark for the Les Paul and other models by turning to federal courts
Long-running battle
Late last month, Gibson filed suit in the Middle District of Tennessee against Japanese manufacturer Tokai. And it is still waging a long-running legal battle with Paul Reed Smith, a highly regarded guitar manufacturer. In 2000, Paul Reed Smith introduced the Singlecut, a model it says it created to satisfy dealers who loved the Les Paul but despised Gibson.
U.S. District Judge William J. Haynes granted summary judgment to Gibson earlier this year. Paul Reed Smith has indicated it might appeal, but the case is still headed for a scheduled July trial to determine damages.
Now Tokai is being sued over its ''Love Rock'' guitar, which Gibson says is a Les Paul look-alike. Gibson also is taking issue with other models in Tokai's line that it says mimic copyrighted designs of Gibson's Flying V series, SG series, ES series and Explorer series, court records show.
Since 2000, Gibson has tried to stop Tokai's sales of what Gibson calls knockoffs in Japan, Canada and Europe. Gibson contends that it learned in May that Tokai had secured an American distributor and a handful of sellers. The Gibson suit also names as defendants New Jersey-based Godlyke Distributing Inc., The Guitar Cellar of Lexington, Ky., and Musictoyz.com of Maine.
The Tennessean was unable to reach Tokai, Godlyke or the Guitar Cellar for comment.
Ted Rausch of Musictoyz, while initially uttering comments unprintable in a family newspaper, politely declined a reporter's questions about the suit, pending the advice of a still-to-be-hired attorney.
Rules in Nashville's federal court highly restrict what parties may say to the press about cases currently under litigation, and Gibson attorney Jay S. Bowen of Bowen, Riley, Warnock & Jacobson declined to comment about the suits.
(To be continued)
By ROB JOHNSON
Staff Writer
The guitarist's fingers slide above the unmistakable trapezoidal inlays, down toward the joining of the neck and solid body, and find the single cutaway, the gracefully curved notch into which Lester Polfus knew he could move his hand and make the highest notes shimmer.
Farther down are the dual pickups. The traditional body finishes are the Goldtop and the Flametop, both punctuated by four control knobs arranged in a distinctive diamond pattern. The world knows Polfus and his iconic creation by the same name: Les Paul.
The instrument's manufacturer is Gibson Guitars, and the Nashville company's rivals acknowledge that the solid-body electric guitar the company unveiled in 1952 was transcendent. It is ''the flagship of flagships,'' said one.
Some of the world's most influential rock 'n' rollers wield it; millions have been sold to those who crave its singular, curvaceous allure, and for decades other manufacturers have offered instruments that have veered ever so close to being outright knockoffs.
Gibson did not manufacture the Les Paul during much of the 1960s, and it did not apply for a trademark registration until 1987. By then other manufacturers were using the shape that defined the Les Paul look. Still, Gibson is now aggressively defending its trademark for the Les Paul and other models by turning to federal courts
Long-running battle
Late last month, Gibson filed suit in the Middle District of Tennessee against Japanese manufacturer Tokai. And it is still waging a long-running legal battle with Paul Reed Smith, a highly regarded guitar manufacturer. In 2000, Paul Reed Smith introduced the Singlecut, a model it says it created to satisfy dealers who loved the Les Paul but despised Gibson.
U.S. District Judge William J. Haynes granted summary judgment to Gibson earlier this year. Paul Reed Smith has indicated it might appeal, but the case is still headed for a scheduled July trial to determine damages.
Now Tokai is being sued over its ''Love Rock'' guitar, which Gibson says is a Les Paul look-alike. Gibson also is taking issue with other models in Tokai's line that it says mimic copyrighted designs of Gibson's Flying V series, SG series, ES series and Explorer series, court records show.
Since 2000, Gibson has tried to stop Tokai's sales of what Gibson calls knockoffs in Japan, Canada and Europe. Gibson contends that it learned in May that Tokai had secured an American distributor and a handful of sellers. The Gibson suit also names as defendants New Jersey-based Godlyke Distributing Inc., The Guitar Cellar of Lexington, Ky., and Musictoyz.com of Maine.
The Tennessean was unable to reach Tokai, Godlyke or the Guitar Cellar for comment.
Ted Rausch of Musictoyz, while initially uttering comments unprintable in a family newspaper, politely declined a reporter's questions about the suit, pending the advice of a still-to-be-hired attorney.
Rules in Nashville's federal court highly restrict what parties may say to the press about cases currently under litigation, and Gibson attorney Jay S. Bowen of Bowen, Riley, Warnock & Jacobson declined to comment about the suits.
(To be continued)
