Dean seeks trademark cancellations against Gibson, alleges dealer interference

Discussion in 'Guitars in General' started by gunslinger, Jul 10, 2019.

Tags:
  1. Rockledge

    Rockledge Member

    Messages:
    4,905
    Joined:
    Jun 15, 2011
    Location:
    mars
    I'm not so sure. Do you know any luthiers? I do, one who has made a good name for himself. The first thing he does when someone contracts him to build a guitar is to sit down with them and have them play various guitars to determine what features in both ergonomics and design, as well as various woods used, in order to custom fit an instrument. Any luthier of a respectable level of ability knows that everything has an effect on a guitars sound.

    Which again, is all very much aside from the point. I am simply pointing out examples of what COULD happen. And as I said quite a while back, what matters in court cases is just as much what kind of show lawyers can put on as it does the actual legal hairs they are trying to split.
    It could also be that there are a host of other elements that could be used.
    As others have said, even if the shape of the guitar holds up in civil court as a trademark, it could well be that because the trademark has not been defended in the past that it is now not enforceable. Who knows?

    It obviously has not worked in the past, Does anyone know of one case in which a guitar company has sued another over a trademarked shape of a body rather than patent infringement? From what I have been reading here, it apparently hasn't held up in the past.
     
  2. therhodeo

    therhodeo Member

    Messages:
    8,708
    Joined:
    Sep 21, 2006
    Location:
    Owasso, OK
    This reads like it was written by someone who's been at the bar, not someone who has passed the bar.
     
    jaded1592, Gevalt and A-Bone like this.
  3. Rockledge

    Rockledge Member

    Messages:
    4,905
    Joined:
    Jun 15, 2011
    Location:
    mars
    No, not at all. Whether someone agrees to be a witness or not, a subpoena is still issued if one of the parties want them there.
    There is a normal chain of protocol that takes place in court cases. People don't just randomly show up without an official documentation.
    If I am not mistaken ( I may well be) witnesses have to be declared as witnesses well ahead of the court date, and the way that is done is by subpoenas.
     
  4. cutaway

    cutaway Supporting Member

    Messages:
    16,803
    Joined:
    Jul 24, 2009
    Location:
    North Carolina
    LOL
     
  5. Rockledge

    Rockledge Member

    Messages:
    4,905
    Joined:
    Jun 15, 2011
    Location:
    mars
    I'm reminded of a kid in the neighborhood I grew up in. He really didn't have much to say, mostly because he didn't really comprehend much of what was going on around him. He was a nice kid, and quite happy all the time. Whenever something happened that was beyond his intellectual skills to develop a response to, he mostly just chuckled.
     
  6. therhodeo

    therhodeo Member

    Messages:
    8,708
    Joined:
    Sep 21, 2006
    Location:
    Owasso, OK
    You be.
     
  7. NMGuitarblues

    NMGuitarblues Member

    Messages:
    8
    Joined:
    Jul 11, 2019
  8. cutaway

    cutaway Supporting Member

    Messages:
    16,803
    Joined:
    Jul 24, 2009
    Location:
    North Carolina
    Last edited: Jul 11, 2019
    Spooky Action likes this.
  9. DeadLazy

    DeadLazy Member

    Messages:
    332
    Joined:
    Apr 21, 2018
    All true but so is the inverse: Gibson could put a lot of people out of work trying to do the same.

    Gibson is showing more concern for it’s honor; bottom line; exclusivity; than it’s employees, arguably.
     
    Stinky Kitty and FlyingVBlues like this.
  10. coldstare

    coldstare Supporting Member

    Messages:
    131
    Joined:
    Jul 14, 2010
    No way Gibson has sold as many V’s as there are off brand V’s out there.
     
  11. FlyingVBlues

    FlyingVBlues Gold Supporting Member

    Messages:
    4,819
    Joined:
    Mar 20, 2002
    Location:
    Virginia & Cortona Italia
    Excellent point. Unfortunately that’s the way most big companies operate. I just don’t get the vehement hate that some people have against certain music companies. I can see wanting a company like Echo Park or Vertex to close down. They have done real harm to their customers. But with a company like Gibson (or PRS, Gretsch, Fender, Ibanez, Dean, Reverend, Schecter, Music Man, Charvel, Jackson, etc.) if you don’t like their guitars or the way they do business you can simply take your money elsewhere. They’re just guitars, and some people take this stuff way too seriously.
     
    DeadLazy likes this.
  12. AudioWonderland

    AudioWonderland Member

    Messages:
    5,046
    Joined:
    Nov 20, 2009
    The patents expired long did they not? There is no patent issue if they are expired
     
  13. AudioWonderland

    AudioWonderland Member

    Messages:
    5,046
    Joined:
    Nov 20, 2009
    You calling it "faux" doesn't make it so.
     
    therhodeo, hookakat1 and cutaway like this.
  14. AudioWonderland

    AudioWonderland Member

    Messages:
    5,046
    Joined:
    Nov 20, 2009
    Never mind that they don't identify who they are talking about anywhere in tnt article
     
    cutaway and wetordry like this.
  15. A-Bone

    A-Bone Montonero, MOY, Multitudes Gold Supporting Member

    Messages:
    96,715
    Joined:
    Mar 20, 2007
    Location:
    ATL
    Patents are not at issue in the present threatened litigation.
     
  16. DeadLazy

    DeadLazy Member

    Messages:
    332
    Joined:
    Apr 21, 2018
    I was really against the video but I thought the response they offered (a little late) was much better and should have been how they started.

    At this point I agree, I don’t understand.

    Humans just love to have conflicts I guess. Over little things; over big things; over everything.
     
    Snail likes this.
  17. cutaway

    cutaway Supporting Member

    Messages:
    16,803
    Joined:
    Jul 24, 2009
    Location:
    North Carolina
    Conflict drives plot.
     
  18. AudioWonderland

    AudioWonderland Member

    Messages:
    5,046
    Joined:
    Nov 20, 2009
    I know that. The person I quoted didn't seem to
     
  19. DeadLazy

    DeadLazy Member

    Messages:
    332
    Joined:
    Apr 21, 2018
    That exists only each’s own head.

    I’m as guilty as anyone of seeking conflicts but I’m feeling much better now.

    I’m getting good at letting it go.
     
  20. cutaway

    cutaway Supporting Member

    Messages:
    16,803
    Joined:
    Jul 24, 2009
    Location:
    North Carolina
    Actually, no. This is a fact for good storytelling. Feel free to google. :)

    When the $hit hits the fan, that's when it gets good.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice