Dean seeks trademark cancellations against Gibson, alleges dealer interference

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

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  1. vanderkalin

    vanderkalin Member

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    I disagree as a parent. The best thing dads could do to keep Gibson relevant is buy their kid a Jackson.
     
  2. Stinky Kitty

    Stinky Kitty Supporting Member

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    The timing of that early June hit piece on Armadillo is suspect, noting there is no credited writer of the article and the following: Gibson's suit was filed in the United States District Court For The Eastern District Of Texas in May, but amended on 6 June 2019.

    That article? Written on June 3.
     
    Last edited: Jul 11, 2019
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  3. DewieCox

    DewieCox Supporting Member

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    Nobody in 2019 is buying a guitar because Michael Schenker uses it. If I started naming names I wouldn’t be able to stop, but I was referring specifically to the list that Dean supplied.
     
  4. Stinky Kitty

    Stinky Kitty Supporting Member

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  5. cutaway

    cutaway Supporting Member

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    And the guys who are because [insert rock god here] used it are the same guys who were when he used it back in the day. If you check Ebay sales in the last 90s days, Clapton and Beck only sold 60 and 22 respectively. To be fair, Mike sold 15. Not too bad for a no-name, nobody.
     
  6. MoPho

    MoPho Pho Shizzle

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  7. sub rosa

    sub rosa Member

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    I could call it something else ;)
     
  8. Rockledge

    Rockledge Member

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    That is exactly my point. Read the entire thread, not just response posts.
    I've made that quite clear all along.

    To make it plain and simple : It appears to me Gibson might be trying to use a trademark as if it were a patent. Because the patent is no longer in effect, and a trademark is the best they've got. .
    Hence, I think it is a patent issue, not a trademark issue. And if that patent is expired, then there simply is no issue.
     
  9. Rod

    Rod Tone is Paramount Supporting Member

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    Well said!
     
  10. Sweetfinger

    Sweetfinger Silver Supporting Member

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    So what if they were. The quality is not an issue here. That they existed and were being made is my point.
    Yes. It was certainly serendipitous that Pantera's breakout disc popped in the early 90s, and popularized the ML to some extent, but Dean was already in transfer and re-establishment of US production, and the product line was far wider than a single artist-driven model. Dean was on the road to reinvention and re-introduction to the US markets BEFORE Cowboys From Hell was released, and the company would have done largely what it did, what every guitar company has done that has followed that model, be it Schecter, ESP, Washburn, or BC Rich.
    It has been stated here and on the web as "common knowledge" that Dean was "out of business", so Dime had to go to Washburn for his signature guitar. If he went to Washburn, how did that help Dean? Was Dime singlehandedly responsible for Washburn's turnaround and market growth in the early to mid 90s, or was it really just a concerted push by the brand owners?
    I'll add that in the great big world of musical instrument retail, the reach and influence of Diamond Darrell was not what it later became, and not what you make it out to be. "Cowboys" never cracked the top 100, though it did sell well, reaching gold record sales in three years. For comparison, "Headhunter" by Krokus reached gold in one year and reached #25 on the Billboard 200. Pantera was kind of a niche band then and I assure you Dime did not have the cache to successfully launch a new "Dean" with a complete line of fretted musical instruments all by his lonesome. I think your view on the subject may be a bit myopic.

    It CAN be. If you design a shape that acts as its own stand, or say, locks itself into its case like a puzzle piece for stability during transport, that's a function, and can be patented.
    The ah, problem, with patenting a guitar body shape is that the patent runs out, sooner than you might like. Then you're high and dry and everyone gets to use your design free and clear, which is what happened with the V, Explorer, and Humbucking pickup. Some aspects of a design cannot be patented or trademarked. A wheel just by nature of what it does has to be round. You can't patent that and can't trademark the look of a wheel because that's an inherent aspect of the function. It has to be round to work.
    A trademark can be renewed, which is why it's better to trademark something distinctive if the novel functionality of your design is maybe murky, or a matter of opinion.
    FWIW Gibson applied for the V trademark after the design patent had expired.
     
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  11. AudioWonderland

    AudioWonderland Member

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    And you would still be wrong
     
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  12. Kurt L

    Kurt L Member

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    I’m not sure I’m clear on your position. Could you please run it by me one more time?
     
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  13. Tom Gross

    Tom Gross Silver Supporting Member

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    Which, of course, is the only thing Trademarks are about: A purchaser being confused that they bought the real thing.
    This all has nothing to do with patents.
     
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  14. KevWind

    KevWind Member

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    I am confused why so many here seem confused
    A Bone stated it plain and simple .


    The entire issue is if Gibson can establish the V ,Explorer and 355 body shape as "protected trademarks". Which they failed to do with the LP shape.
     
  15. Rockledge

    Rockledge Member

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    I don't particularly have a position, I am, like most here, discussing the situation and responding to posts with various considerations. Feel free to read through the thread and absorb the various ideas presented and respond if you wish.
     
  16. sub rosa

    sub rosa Member

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    You calling it "wrong" doesn't make it so. ;)
     
  17. hookakat1

    hookakat1 Member

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    How can you tell the difference between 'authentic' outrage and 'faux' outrage? Do you have a trademark on outrage that you're trying to use as a patent? You sure seem fixated on knowing what people are authentically thinking about this.
     
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  18. Go Cat Go!!

    Go Cat Go!! Member

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    If I remember correctly Dean Z went with the huge headstock so nobody would confuse his guitars were anything else other than Deans. I think he succeeded. First time I saw a Dean was in the late 70s. The Doobie Bros were on PBS and their lead guitarist was playing a black Cadillac with triple binding. It was bad ass. I always wanted a Cadillac since but my taste these days lie more with Fenders and partscasters.
     
  19. BrokenRomeo

    BrokenRomeo Member

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    True, but all the folks Gibson wants to sue into oblivion have bills, mortgages and families too...
     
  20. sub rosa

    sub rosa Member

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    How about “Authentic Faux Outrage!”

    Now we’re talking! :)
     

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