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. Snail

    Snail Member

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    Man this Gibson thing is the gift that keeps on giving isn’t it? This dealer intimidation thing is just such a low blow. Intimidate, harass and bully... and then pivot to offering your hand in “collaboration”? Sounds like the tactics of a wife-beater, honestly. Just yuck.
     
  2. AudioWonderland

    AudioWonderland Member

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    Yet Gibson would have us believe people confused Dean and Gibson models
     
    Last edited: Jul 11, 2019
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  3. AudioWonderland

    AudioWonderland Member

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    And I specifically said " get the trademarks stripped"
     
  4. sub rosa

    sub rosa Member

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    Nah. All this online faux-outrage is quite old now.

    Few will sell their Gibsons in protest, and I doubt many are taping over their headstocks.

    Sadly I guess the social media channels are going to be filled with another week of click-bait for views.
     
  5. Help!I'maRock!

    Help!I'maRock! Member

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    Summer NAMM is next week. It could get interesting.
     
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  6. Road King

    Road King Supporting Member

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    If Gibson would just STFU and CONSISTENTLY manufacture guitars of a quality the matched the price point then they wouldn't have to worry so much about these other companies. In a few years people (such as myself) that are so turned off by their mountain of BS, spotty quality, and general arrogance would loosen up and start looking at their products again. My first new Gibson was purchased in 1979. My last new Gibson in 2000. I'd like another Les Paul but will probably opt for another PRS and I have a real hankering for a 335. But, I'll probably buy used. Hey Gibson....you're running off a ton of customers....wake up.
     
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  7. Rockledge

    Rockledge Member

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    Gibson will not lose their trademark. The open book headstock and Gibson logo is theirs and they deserve to keep it.
    But I think what finally will happen is that they will learn once and for all that they cannot use a trademark in lieu of a patent. Which appears to me to be what they are doing.
     
  8. Help!I'maRock!

    Help!I'maRock! Member

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    The open book headstock and Gibson logo are not under dispute. Dean is challenging the trademarks to the Flying V, Explorer, and 335 shapes.

    Gibson did have patents on all 3 shapes though. They were registered in the 50s. During that time, the company had exclusivity on their designs.
     
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  9. Rockledge

    Rockledge Member

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    Just because someone applies for and obtains a trademark doesn't mean they will be able to legally enforce it.
    I still say it looks like Gibson is trying to use a trademark as if it were a patent.
     
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  10. Rockledge

    Rockledge Member

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    Just because someone applies for and obtains a trademark doesn't mean they will be able to legally enforce it.
    I still say it looks like Gibson is trying to use a trademark as if it were a patent.
     
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  11. Help!I'maRock!

    Help!I'maRock! Member

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    Gibson is required to defend their trademarks or lose them. They can either accept defeat or try to bleed the other companies dry until they lose their trademarks. They've chosen the latter.
     
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  12. Rockledge

    Rockledge Member

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    As I say, just because they trademarked something doesn't mean they can enforce it. The shape of a guitar is a function, not a designation of ownership. Trademarks are just that, a mark a tradesman puts on his creation to designate it as his.
    I would say that if Dean, for example, would have had a emblem on that guitar shaped like a Les Paul, and Gibson had the Les Paul shape trademarked, THEN it would be infringement, because it would be a case of someone putting someone else tradesmans mark on something.
    But a guitar body is not a trademark, it is a function, and therefore is enforceable as a patent, if the shape is patented.
    I don't know this for certain, but it appears as if Gibson tried to create a psuedo-patent by trademarking body shapes.
     
  13. Help!I'maRock!

    Help!I'maRock! Member

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    Rickenbacker trademarked their body shapes years ago. Since that day, Rickenbacker has sued everyone and anyone that makes a Ric looking thing. They also have every eBay and other marketplace listing of copies removed. Had Gibson done this as well, nobody would dispute them. But they have gone far too long.
     
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  14. Husky

    Husky Gold Supporting Member

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    Many companies even small have insurance for this when being sued and many don’t realize it, read your policies carefully. It’ll only bleed the insurance companies and be a pissing contest.
     
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  15. Phineas Ball

    Phineas Ball Fuzz Silver Supporting Member

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    Man, I couldn't agree more. All these threads... IME, Gibson builds great playing, great sounding guitars.

    Put another way, maybe your anal-retentiveness is much higher than mine.

    Kidding aside, there is not a single workmanship flaw in any of the five Gibsons I own. The oldest of them is 35 years old; the newest, five. I keep thinking I should sell one, maybe two, just to clear space, but each is a fantastic guitar and hard to part with, even if owning multiples of very similar guitars is intrinsically wasteful. I've never broken a Gibson headstock. I don't know a single player who has. Sure, I've heard Pete Thorn's tale of breaking one, and obviously some do break...perhaps one in five hundred on Reverb have headstock repairs... but here's an easy cure: don't drop your guitar. Use a guitar stand. Treat your gear with care. The idea that headstock weakness is a fatal flaw that Gibson somehow miraculously survives... it's ridiculous.
     
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  16. newking70

    newking70 Supporting Member

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    Is that you Mark Agnessi? IDK why you have an axe to grind against Dean. :mad:
     
  17. Barquentine

    Barquentine Member

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    Sweetfinger post 145:
    That's the terrifying possibility. If any Dean is close enough to be a "counterfeit", the bar is so low that Gibson would be able to threaten and stop production of almost any guitar even vaguely reminiscent of a V, Explorer, 335, Les Paul, etc.

    Do Gibson believe that if, for example, they prevent anyone else making an LP type guitar that we're all going to say 'I want a single cut, no-one else is allowed to make them, so I'll have to buy a Gibson.' ?
    This would make me resolve to never buy another Gibson (I own two). I'd rather have a different shape.
     
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  18. zuel69

    zuel69 Member

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    Not easy to find.
     
  19. zuel69

    zuel69 Member

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    This would rock! I'm not so pro Gibson that I wouldn't mind seeing this happen. I do have a custom shop Dean ML Namm guitar that really kicks a$$.
     
  20. Sweetfinger

    Sweetfinger Silver Supporting Member

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    Technically not correct. Dean was still doing import versions of guitars in 1990. It happens that 91 is a change of ownership and manufacturing with a return to US production in the early 90s.
     
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