Gibson Sues Dean Guitars Over Alleged Trademark Infringement

Discussion in 'Guitars in General' started by Rocco Crocco, Jun 20, 2019.

  1. wgs1230

    wgs1230 Fully Intonatable Silver Supporting Member

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    Good question, and it gets to a key strategy Gibson is trying to use against Dean to overcome the patent history problem: they patented the V back in the 50s, before those design features were offered. Now they're attempting to claim, implicitly, that the '67 design features sufficiently transform the model so that it can stand as the basis for a trade dress claim... on the underlying body shape, which didn't really change from the thing they patented.

    So... if I had come out with a V-shaped solidbody in 1960 which had all of the '67 design features, would it be sufficiently different that Gibson wouldn't have been able to successfully sue me for patent infringement? Of course not. And that's the fatal flaw in their claim.
     
    pickdropper likes this.
  2. deytookerjaabs

    deytookerjaabs Member

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    Which we should have had a long time ago. It's ridiculous.
     
  3. carlosmucho

    carlosmucho Member

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    The damages Gibson's suffered must be HUGE. I mean, think about it, without Dean making flying V's Gibson would have sold AT LEAST half a dozen more of those guitars!
     
    Mad-kiwi, Snail, Kyle B and 4 others like this.
  4. 27sauce

    27sauce Member

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    They shut them down on the shape years ago.
     
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  5. 27sauce

    27sauce Member

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    He’s so passionate about gibson’s heritage and originality that he’s literally crying in the video.

    How much more ridiculous can it be? In true, over dramatic, Agnesi fashion.
     
    nixpix, coldstare and James Hill like this.
  6. CaptainCrunch137

    CaptainCrunch137 Member

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    Still doesn't top apple patenting the rectangle with beveled edges.
     
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  7. harvey j

    harvey j Member

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    They can sue any body they want, but Gibson will still fail.
     
  8. rollingdam

    rollingdam Member

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    They deserve to fail
     
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  9. cliffc8488

    cliffc8488 Member

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    Was looking at new Gibsons the other day and considering buying one. Not anymore.
     
    James Hill likes this.
  10. leftyaxeslinger

    leftyaxeslinger Supporting Member

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    27sauce likes this.
  11. FlyingVBlues

    FlyingVBlues Gold Supporting Member

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    Gibson and Seth Lover filed a patent for the humbucker pickup design on June 22, 1955 and received patent #2,896,491 for the pickup on July 28, 1959. The patent expired in 1976. U.S. patents with a filing date before June 8, 1995 provided protection for up to seventeen years counting from the date of grant, or 20 years from the filing date, whichever expired later. Once the patent expired anyone was free to copy the design without legal repercussions.

    Gibson never filed a patent application for either the P-90 or Alnico staple pickup, and therefore they weren’t protected.
     
    Bob Maximus, The bear and Electricb like this.
  12. CharAznable

    CharAznable Member

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    I wonder if they're going to sue Dan Erlewine and the estate of Albert King
     
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  13. Axeaholic

    Axeaholic Supporting Member

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    The man who invented the Balalaika probably has a good case against Gibson for the v shaped guitar
     
    wgs1230 likes this.
  14. 27sauce

    27sauce Member

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    I was just TGP’ing.
     
  15. FbIsNotE

    FbIsNotE Member

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    Talk about extreme ironing!!
     
  16. Mr Fingers

    Mr Fingers Member

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    New owners are taking action to protect their property rights. What's odd about that? Nothing. These guys are not responsible for Henry's actions and inaction. I can't judge the legal merits -- just about no one here can -- but after investing loads of dough in a business, trying to retain or increase value is what you do, unless you're an idiot or a charity. And they're not necessarily expecting to go through a whole court proceeding. Just the threat of that can effectively get the result you want, which is not always a $$$ settlement. As for Dean: design your own guitars.
     
  17. Axeaholic

    Axeaholic Supporting Member

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    [​IMG]

    Mark you guys should have started with the Explorer shape or even better, sue Epiphone for the ultimate legal human centipede !
     
    superstratjunky likes this.
  18. Grenville

    Grenville Member

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    Someone should let Disney know that Agnesi acknowledges in the video, perhaps inadvertantly, that the 335 has "mouse ears", which is clearly shorthand for "Mickey Mouse ears".

    He seems to think Gibson has a trademark for using Mickey Mouse ears on a guitar. I wonder what Disney would say about that?
     
  19. FlyingVBlues

    FlyingVBlues Gold Supporting Member

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    They have actually done that already. They were one of the many plaintiffs in the successful lawsuit filed against Fender over body shapes.
     

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