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. MaxTwang

    MaxTwang Member

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    :spit

    The cheapest and most blatant counterfeit's already don't infringe on Gibson's legendary quality control. But I'm seeing a marketing opportunity: "The E string falls off the edge of the fretboard like a real G****n".
     
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  2. InkblotNebula

    InkblotNebula Member

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    Yes. I remember it. It was about 2005-6
     
  3. Robboman

    Robboman Member

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    I really think Dean is gonna win this thing based on Fender and PRS legal precedent.

    Actually, 'win' is the wrong term. Gibson will totally lose, Dean will lose less-so. Lawyers on both sides will win the most, sucking money out of their hosts like vampires as always.

    It's funny when you consider the history of the V and Explorer which were both really just gimmicks. Competition forced Gibson into making the solidbodies they never even wanted to make, earlier in the 50's. Then in '57 Ted McCarty said hey, it's just a slab of wood, why does it even need to be guitar shaped? Out comes the V and Exp in '58. I can picture them thinking like "Ha! This will show Fender!" but they totally failed to catch on and got discontinued in '59.
     
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  4. jm9239

    jm9239 Supporting Member

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    I hope Dean wins. Gibson is awful.
     
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  5. Pointy Headstock

    Pointy Headstock Member

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    Had an ex-Gibson dealer tell me the same thing. They added that final contract that they rejected also had "bundling requirements" (my term- not sure what Gibson calls it) where they would have been required to do things like order X Custom Shop pieces when placing orders for Studios and Standards, Dealer said that they really wanted to continue with Gibson, but the the financials would never work.
     
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  6. Axeaholic

    Axeaholic Supporting Member

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    In regards to the V, Comrad Smirnoff disagrees

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  7. Axeaholic

    Axeaholic Supporting Member

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  8. SmartAlex

    SmartAlex Supporting Member

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    Down boy. Haha
     
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  9. cadduc

    cadduc Member

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    Since the dawn of time, many copied Gibson, and Fender, and others/Rickenbacker, Mosrite, Standel, etc.

    Similar to a patent, if you don't establish your trademark and then vigorously enforce it, you have a problem trying to reach back and claim infringement and damages.

    I don't know if Gibson really believes they can prevail, or if they are doing this because there is a benefit ratio they calculated they believe they will realize by simply raising this matter to the attention of anyone that may listen.
     
  10. A-Bone

    A-Bone Montonero, MOY, Multitudes Gold Supporting Member

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    If only.
     
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  11. cadduc

    cadduc Member

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    Back about 1968 my friend Rob who was a fine artist learned how to silkscreen. He and I copied the Gibson and Fender scripts, made the screens, and then screened about 12 t-shirts of each one.

    That got some attention when we wore them at gigs. We could have made some money selling these, but we did not. Like Lee at ABC Music told us when we wore them into his shop, had we done that we might have got some unwanted attention from the Gibson and Fender legal departments.

    Or we might have started a new industry with an untapped market.
     
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  12. Codyyy

    Codyyy Member

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    I wonder if Dean actually trademarked their guitars. How crazy would it be if Dean could provide proof that their V and Z shapes have been trademarked for some time?
     
  13. rockabilly69

    rockabilly69 Supporting Member

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    Funny thing, I remember reading the history of Dean blog and Dean Zelinsky talks of how he was enamored of old vintage Gibsons so he decided to use Gibson body shapes, specifically the V and Explorer as the basis of his line of guitars, and then to design his own original design he laid a V on top of an Explorer to come up with the ML. https://deanzelinsky.com/blog/setting-up-the-dean-guitar-factory

    Just bought this a few months ago...

    [​IMG]
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  14. p-ninety

    p-ninety Member

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    I'm ignorant, or out-of-date, on the dealer relations thing, too.

    I seem to remember Gibson dumping most, if not all, its small dealers in the early 2000's (by inflating inventory requirements) in a move toward Guitar Center.

    Was that a thing?
    Your facts sound right, but I wonder how many of those loyal Gibson dealers did not survive losing the Gibson line.

    I'd guess that Gibson knew those smaller stores either wouldn't or couldn't make those kind of inventory purchases and would drop them, and it seems a lot of them did.

    Gibson's was probably a classic Business School strategy: focus on the major retailer(s) having both a store front and a mail order presence to streamline distribution and inventory carry costs.

    Now that Gibson has undergone a bankruptcy, and its retail partner Guitar Center Holdings is desperately fighting not to, I wonder how well that dump the little guys thing really worked out for Gibson and Guitar Center.

    If nothing else, we've achieved a new low for the overall musical instrument retailing "customer experience."

    I guess I'm lucky. I can visit Harry's, a great independent retail music shop in Raleigh (about 100 miles round trip for me), where I can easily check out a fairly large (non-Gibson) inventory of new items, see a ton of good used gear, chat with Harry and/or his friendly and knowledgeable staff, get a great lesson from a competent teacher, and try anything I want in the shop.

    Still, I kind of long for the days when Les Howard Music on Guess Road in Durham was the local Gibson dealer. Les, himself, taught guitar to all levels and sold school band instruments, sheet music, pianos, organs, and the rest. He also used to come hear my bands when we played in town.

    I bought my first ever Les Paul, a Cherryburst Standard, from him in 1982 for $640, about 40% off Gibson's full MSRP.

    Man, them were the days.

    Boomer Back in the Day rant over . . . .
     
    Last edited: Jul 12, 2019
  15. guitarbilly74

    guitarbilly74 Supporting Member

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    Lots of newer bands play Gibson... ranging anywhere from Gary Clark Jr to Halestorm, Black Cherry Smoke, Rival Sons, Greta Van Fleet etc..

    They did trademark the ML and sued Washburn when they signed Dimebag Darrell, forcing them to change the shape of the Washburn Dime signature guitar. Sounds familiar?

    Businesses do what businesses do.
     
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  16. Wolfgangsta

    Wolfgangsta Member

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    Or if you were grammatically challenged, it could've ended up similar to this:
    [​IMG]

    :D
     
    Last edited: Jul 10, 2019
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  17. guitarbilly74

    guitarbilly74 Supporting Member

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    That's a beautiful guitar!!
     
  18. WBellman

    WBellman Supporting Member

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    Ya, of all the crap over the past 40 years (quality, models, management, etc.), this will be the thing that'll finally sink them.
     
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  19. JoeInOttawa

    JoeInOttawa Member

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    And for essentially the same reasons...
     
  20. TonePilot

    TonePilot Supporting Member

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