Gibson is Flexing New Muscle

To me this would be like if Fruit of the Loom was suing Hanes for selling a white shirt. “But this one has a stripe on both sleeves and our name!”

“Doesn’t matter, it’s 90% the same as ours”

I always thought there had to be some sort of difference of the overall guitar to avoid this. Slightly different body shape, or control layout, or headstock, definitely the name though. But I’m not a lawyer :shrug:
 
Gortons SUES Mrs Pauls because fish sticks look IDENTICAL!

Taco Bell sues EVERY TACO STAND ON THE PLANET because THEY PATENTED THE CHALUPA! -- sure they did ask them-- why not--

firstone sues goodyear because their tires are ROUND!
 
Vox AC30 said:
Well I thought the exact headstock shape was the deciding factor that's copyrighted much more so than other features.
Click to expand...

Just a minor point of clarification...the term “copyright” has been used erroneously all over the ‘net and YouTube when discussing this. This isn’t a copyright issue; it’s a trademark issue.

Gibson has trademarked individual elements of their instruments too, such as body shape.

So, they are going after Dean for trademark infringement for multiple elements, to include Dean’s usage of the Flying V, Explorer, SG, and ES body styles.

So, Gibson is going after these individual elements, not necessarily the guitar as a whole.

One thing I think they’ll have a hard time with is trademark counterfeiting, which is more serious than infringement. This means Gibson is suggesting Dean is trying to make buyers believe the guitar is a Gibson. Here, I think there is no choice but to consider the guitar, as a whole.

There are other things, too, like the Dean “dovewing” headstock shape, the Hummingbird name, and the Moderne trademark.

The tricky part is that Gibson has asked for a jury trial, not just a judge’s decision. It will likely be easier to convince a jury of foul play than judges.
 
smitty_p said:
This means Gibson is suggesting Dean is trying to make buyers believe the guitar is a Gibson.
Click to expand...

Funny thing is, If all guitar players were illiterate and had to make their mark with an X because they could not write or read, A Dean says Dean, Fender Fender, PRS PRS, ESP ESP Ibanez Ibanez. SO how can we not be able to realize it is not a Gibson unless all guitar players are illiterate?
 
see my previous post showing the Gibson Humingbird and the Luna Humingbird--- if you think those are the same guitar -- your not illiterate-- your a an idiot---
sorry --- rude but true ---

if that is Gibsons angle then ALL musicians should be offended because that in part is saying we are ALL TO STUPID TO SEE THE DIFFERENCE --
 
chilipeppermaniac said:
Funny thing is, If all guitar players were illiterate and had to make their mark with an X because they could not write or read, A Dean says Dean, Fender Fender, PRS PRS, ESP ESP Ibanez Ibanez. SO how can we not be able to realize it is not a Gibson unless all guitar players are illiterate?
Click to expand...

I’m not a lawyer, but I do get into this stuff. My guess is the counterfeiting thing will be a much harder case to make. My guess is that Gibson is throwing everything out there, realizing they may not get everything.

Incidentally, this infringement suit actually started under the Henry J. era...before the bankruptcy issues. The current leadership is just revisiting it.

The truly intimidating part is that Gibson is under control of KKR, while they go through this transition. KKR most likely wants to get all the money they can, as they hold a lot of Gibson’s debt. KKR is a multi-billion dollar entity that dwarfs Armadillo (who controls Dean and Luna). Proceeding through this lawsuit will be much harder on Armadillo than KKR.
 
Last edited:
smitty_p said:
I’m not a lawyer, but I do get into this stuff. My guess is the counterfeiting thing will be a much harder case to make. My guess is that Gibson is throwing everything out there, realizing they may not get everything.

Incidentally, this infringement suit actually started under the Henry J. era...before the bankruptcy issues. The current leadership is just revisiting it.

The truly intimidating part is that Gibson is under control of KKR, while they go through this transition. KKR most likely wants to get all the money they can, as they hold a lot of Gibson’s debt. KKR is a multi-billion dollar entity that dwarfs Armadillo (who controls Dean and Luna). Proceeding through this lawsuit will be much harder on Armadillo than KKR.
Click to expand...

My whole issue with that is if they are going based off of body shape, why not ESP and LTD? I mean if the Dean’s version of the SG is enough then ESP/LTD should be a bigger target as their Viper looks more like an Sg than the Dean version. I mean They’ve been using explorerish and les Paul styles extensively.

It almost seems like they are testing the waters with Dean as they perceive them to be an easier target, then they’ll branch out to the other companies trying to eliminate competition.
 
"We make our guitars out of wood. So if you're making guitars out of wood, you better watch out, 'cause we're coming for you"



I'm in the market for a new V myself. I am looking closely at the Dean Vs. I wish I knew someone who had or has had one, or better yet, has one and loves it. I'd really like to know that it's a GREAT guitar, not just a good one...otherwise I'm just gambling. I won't get the chance to go play a bunch of em somewhere anytime soon. Ain't no music stores around, I have to drive at least 2 hours and halfway across the state to find a music store that have any.

I really need a new V. I let the guys from Mastodon deface mine and now I don't really wanna play it anymore lol
 
mcblink said:
"We make our guitars out of wood. So if you're making guitars out of wood, you better watch out, 'cause we're coming for you"



I'm in the market for a new V myself. I am looking closely at the Dean Vs. I wish I knew someone who had or has had one, or better yet, has one and loves it. I'd really like to know that it's a GREAT guitar, not just a good one...otherwise I'm just gambling. I won't get the chance to go play a bunch of em somewhere anytime soon. Ain't no music stores around, I have to drive at least 2 hours and halfway across the state to find a music store that have any.

I really need a new V. I let the guys from Mastodon deface mine and now I don't really wanna play it anymore lol
Click to expand...

Tell ya what. I saw a dean Dave mustain V (angel of deth) at my local guitar center last week. Tomorrow I have a bunch of errands to run anyways. I’ll go in, see if they still have it, get ya a bunch of pics and video myself playing on it so you can get a better idea.
 
Metal89 said:
Tell ya what. I saw a dean Dave mustain V (angel of deth) at my local guitar center last week. Tomorrow I have a bunch of errands to run anyways. I’ll go in, see if they still have it, get ya a bunch of pics and video myself playing on it so you can get a better idea.
Click to expand...
That would be great, man! I'd surely appreciate that!

I've been seeing those VMNTs for pretty affordable prices...I was thinking this one is cool too...

256206_256206-Generic-1-Large.jpg
 
You must log in or register to reply here.
Back
Top