I Wish Gibson would F*#k off with this crap

Boudoir Guitar said:
These cases are far enough away from the registered mark that they would be fine not going after them.
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Are you practicing trademark attorney in good standing with the bar?

My kids mom used to work for a guy who has >700 patent attorneys working for him.

That’s his business; IP enforcement. (Shady business IMO.) Former CTO of MSFT.
 
fretworn said:
Are you practicing trademark attorney in good standing with the bar?

My kids mom used to work for a guy who has >700 patent attorneys working for him.

That’s his business; IP enforcement. (Shady business IMO.) Former CTO of MSFT.
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I have relevant experience. Need to enforce is usually straight forward. If someone is selling knock-off Harley Davidson t-shirts you gotta send a cease and desist letter. If someone is making shirts that look exactly like a Harley Davidson shirt but spell it Harvey Davidson with same font, etc., gotta protect. If a law from by the name of Harley, Davidson and Elmer make t-shirts with a motorcycle on it and in very different font says “if you have an accident, call Harvey, Davidson and Elmer law firm”, Harley would not run afoul of their duty to protect their mark because it’s so obviously not an infringement. However, there is probably juuuuust plausible enough of a legal argument for infringement that a lawyer wouldn’t be worried about the ethics of sending a letter.
 
Boudoir Guitar said:
These cases are far enough away from the registered mark that they would be fine not going after them.
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Actually, maybe not. I haven’t looked at the mark - I thought it was for the full guitar shape, not just body, but the result in Dean case makes me think it might just be the body shape. Still a dumb approach.
 
Screenshot 2023-09-06 at 21-41-36 Gibson’s Strumming The Blues In Litigation Over Iconic Guita...png

Boudoir Guitar said:
Actually, maybe not. I haven’t looked at the mark - I thought it was for the full guitar shape, not just body, but the result in Dean case makes me think it might just be the body shape. Still a dumb approach.
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It's all kind of weird---and seems highly subjective. Outcomes seem to depend on where the
case is filed, and whether it goes before a Judge or a Jury (Dean case was a Jury). Very interpretive.

Dean had to pay Gibson $4,000 in damages(far from being some kind of emphatic statement from
the Jury if you ask me), and to also stop making guitars with the shape of Gibson's Flying V.
Headstock was not in question from what I can tell.

Meanwhile, Fender has trademarked their headstocks, but not their Body style or shape. :idk
 
Gibson should license the body style to other manufacturers so they make a cut on whatever sells. The guy buying a Harley Benton Les Paul copy isn't the same guy buying a Murphy Lab Custom Reissue, at least for quite a while. Probably would be a higher profit center for them than their legal department.
 
la szum said:
Regardless of the arguments about valid protection of IP, it is clearly and blatantly obvious
that Gibson has been using it's massive bank accounts and lawyering up to bully smaller
builders. Emphasis on bullying.

Heritage is the only company I know of to successfully counter Gibson's tactics in the States.
Likely, because Gibson knew they could not bully Heritage in the same way, and that Heritage
probably has as much of a claim to the singlecut shape as Gibson does.

Heritage actually counter-sued Gibson, and then Gibson settled with them. Have to bully the bullies. If
you can afford to. Few can, though.

Warwick/Framus also one in a German Court, and the decision that was appealed all the way to
the German Supreme Court, where Gibson still lost.

Below is an interesting breakdown of the Heritage vs. Gibson Cage Match.

www.forbes.com

Gibson’s Strumming The Blues In Litigation Over Iconic Guitar Shapes

Gibson is in a courtroom battle of the brands with a company founded by its former employees working out of a guitar plant that Orville Gibson opened in 1917.
www.forbes.com www.forbes.com
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This is entirely where all this C&D shit is at with me, it’s even backed by Gibson’s lawyers. :rofl

Gibson's victory celebration was cut short when the 6th Circuit Court of Appeals reversed the lower court, finding no public confusion between the Gibson and PRS models. Gibson's case was not helped when one of its attorneys admitted during oral arguments: "You'd have to be an idiot not to know which guitar you're buying."
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duzie said:
I had reservations about the Standard and never ordered one.
I’ve entertained the idea of the USA model recently but I’m kinda Frugal 😉
What might be a comparable V that’s a little more reasonable $ wise?
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Yeah, steer clear of the bolt-on that soome are trying to get $500+ for used. It's hot trash.
I think I paid $199 for one more than a decade ago, and then practically had to give it away.

I was looking at the Lights Out V---and they were available new up until this year. Retailed
for a grand. I see GC has a Used one for that price.

Screenshot 2023-09-08 at 09-54-27 Used Dean Michael Schenker Flames Solid Body Electric Guitar.png


I'd also think about an Edwards, like this one. They make great guitars. Has the old Gibby style headstock.
Not a Dean, but I would be willing to bet it is better quality than any of the Deans outside of the USA
Select series.

Screenshot 2023-09-08 at 09-53-33 NEW EDWARDS E-FV-125WB BLOCK Black & White Flying V Michael ...png
 
la szum said:
Yeah, steer clear of the bolt-on that soome are trying to get $500+ for used. It's hot trash.
I think I paid $199 for one more than a decade ago, and then practically had to give it away.

I was looking at the Lights Out V---and they were available new up until this year. Retailed
for a grand. I see GC has a Used one for that price.

View attachment 10633

I'd also think about an Edwards, like this one. They make great guitars. Has the old Gibby style headstock.
Not a Dean, but I would be willing to bet it is better quality than any of the Deans outside of the USA
Select series.

View attachment 10634
Click to expand...
The Edwards looks interesting 👍
I’m very skeptical of used items that I can’t see in person 🤷🏻
Thanks @la szum
 
Just an FYI, but you can have GC ship it to a store near you, and then if you don't like it you
are under no obligation to purchase it.

Yeah, I like the looks of that Edwards, too. :chef
 
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