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. 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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  2. 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.
     
  3. BrokenRomeo

    BrokenRomeo Supporting Member

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

    sub rosa Member

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    How about “Authentic Faux Outrage!”

    Now we’re talking! :)
     
  5. AudioWonderland

    AudioWonderland Member

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    Well I am authentically pissed so I can authentically say your are wrong
     
  6. sub rosa

    sub rosa Member

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    [​IMG]
    #authentic





    :beer
     
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  7. harvey j

    harvey j Member

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    Gibson thinks it is the greatest guitar company in the world and they can push others around, i have news for them they are far from the top. Start making quality and reasonable priced guitars, and maybe we will listen.
     
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  8. sub rosa

    sub rosa Member

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    They do make quality and reasonably price guitars.
     
  9. therhodeo

    therhodeo Member

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    They don't have to. Plenty of grown adult men with posters of Jimmy Page on their wall who cant see all the flaws through the haze of nostalgia and hero worship.
     
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  10. Papanate

    Papanate Gold Supporting Member

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    Being able to hear differences in tone between multiple guitars is something to be tossed to experts and specialist who can document that difference. In a court of law - Telling a judge that form is a matter of function will fly right into the garbage can - along with most of the claims made by musicians - because even experts can not offer factual science to explain what 'they hear'. Regarding An Explorer - you and I couldn't prove a tonal difference between a Flying V, a plank of asymmetrically cut wood, and an a Ibanez Starman guitar with the same pickups. It's not going to happen in a court of law where the proof has to exist in a measurable and consistent manner.
     
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  11. Rockledge

    Rockledge Member

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    Sad as this reality is, Gibson originates and funcitons in a capitalist country, and capitalism does not exist for the purpose of providing income for employees.
    It is exists for the purpose of making bucks for sole proprieters, partnerships, or corporations, be they LLC or full blown preferred stockholder corps.
    It is a system where you either swim or you drown.
    Companies that cannot compete are expected to fold, it is just how the system works. Hyper competition is the name of the game.
    This is true now more than ever given the way the worlds population has grown and the fact that it is now a global competition society, and no countries, be capitalist or otherwise, are closed systems.
    We no longer compete with just ourselves, we compete with the whole planet. And if we can't compete, then we fold. It is just that simple.
    It doesn't matter who it puts out of work or mortgages or food on the table or anything else.
     
  12. Rockledge

    Rockledge Member

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    That is exactly my point. 12 people some of whom may play an instrument and most of whom most likely do not are going to rely on the "experts" presented to them.
    If experts say the moon is made of green cheese, and a judge allows their testimony, then a jury might be swayed to think that the moon is indeed made of green cheese by someone whose ego about his "expert knowledge" is big enough for him to be self convincing enough to be convincing to others as well.
    Most experienced guitarists can hear differences easily, especially those who also work on them. Experts can explain the technical aspects as to why those differences exist, and put it in scientific terminology, and that is all it takes.
    It isn't a matter of convincing a guitarist or anyone else other than a judge and/or jury.
    Especially in this day and age when anyone asked to sit on a jury has no doubt seen the insane amount of exaggerated and often outright fantasy representation of forensics on the 24/7 barrage of cop shows on TV. People don't just accept technical data as a fact of life, they expect it.
    Whether it really amounts to any part of reality or not.
     
  13. therhodeo

    therhodeo Member

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    The irony...
     
  14. Gevalt

    Gevalt Member

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    Rockledge, you're vicious at putting other people down. You remind me of my abusive father and I think you should go listen to man in the mirror or something, ffs.
     
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  15. therhodeo

    therhodeo Member

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    He also doesn't understand the difference between objective and subjective. Nor the legal differences between a civil and criminal case. Nor the difference between an expert witness and a material witness.
     
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  16. Gurn

    Gurn Member

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    I miss Henry J. already.

    Huda thunk how much money he coulda lost if he’d unleashed a phalanx of trademark lawyers
    on every guitar maker’s ***. The potential sums are staggering.

    Think of the chaos he could have unleashed.

    Robo-tuners? Pffft!

    Lawyer’s hourly billing are where he could have really raked in the negative big bucks.

    What was he thinking? This new Gibson team is really on the ball.
    Sue ‘em. Require licenses on V shaped guitars. That’s where the real money is.
     
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  17. Stinky Kitty

    Stinky Kitty Silver Supporting Member

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    One observation about this entire affair, at least from this old coot's perspective. I don't know anyone who actually plays guitar that would mistake a Dean Flying V for a Gibson Flying V based off Dean's now legendary headstock itself. You could spot it a mile away. I remember attending a Triumph concert back in 1982 and from 150-feet away, twelve rows up, when Rik walked out with that white V, I was like "wow, nice Dean." I never thought it was a Gibson. Then again, if one's plans are to load a jury with folks who wouldn't know a Fender from a Cort, I suppose the verdict they're hoping for is possible. Let's hope Dean lawyers (if it ever gets that far) are as good as Paul's were.
     
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  18. NMGuitarblues

    NMGuitarblues Member

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  19. KevWind

    KevWind Member

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    You seem to be confused about how patents work. Or more perhaps about when they expire. Any design patents Gibson would have had when the guitars in question first came out, would now be long expired.

    Thus whether or not shape is function is a mute point and totally irrelevant.

    Because it would be stupid , pointless and legally impossible, for Gibsons lawyers to try to convince a jury that the issue involved was any kind of patent issue . By US patent statute, the only recourse Gibson has now, is trademark infringement. Which is in point of fact what the case is about.
     
  20. therhodeo

    therhodeo Member

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    Moot point
     

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