Heritage Sues Gibson

Discussion in 'Guitars in General' started by makemusic84, Mar 14, 2020.

  1. Zooey

    Zooey Member

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    Interesting, I have been wondering about the Bandlab connection every since I saw that Harmony branded guitars are being manufactured in Kalamazoo. I am guessing that Bandlab bought the Harmony mark out of Sears' bankruptcy, but not sure. I am pretty sure that Bandlab also acquired the Teisco trademark.
     
  2. John C

    John C Supporting Member

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    No, FMIC was already denied their attempt to trademark their body shapes when they tried 10-11 years ago; a bunch of the other S and T builders pooled their funds to contest FMIC's trademark application. The groups legal contest was accepted by the trademarks bureau so FMIC's request was denied. FMIC's trademarks on the headstock shapes still stand.

    Unfortunately no one contested Gibson's various trademark applications over the years so their trademarks have been accepted - some of them are "trade dress" which gets into inlay designs, control placements, etc.

    I have been guilty myself of mis-representing what happened between PRS and Gibson - when PRS won on appeal it was because the higher court (in Maryland) ruled that the lower court (in Tennessee) had miss-applied their test for product infringement, and that Gibson had not actually made their case for product infringement. But that ruling said that "both parties mutually dismissed any trade dress infringement" so evidently Gibson still had their trademark/trade dress in place as there was no rule for or against the trade dress. These newer cases will put that into question particularly if Keisel does contest the C&D for the CS6 model.
     
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  3. stratplexi

    stratplexi Supporting Member

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    Going on memory here but as I recall PRS actually modified their initial Singlecut prototype designs to further them from the Les Paul and avoid infringement. Do you recall this?
     
  4. stratplexi

    stratplexi Supporting Member

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    Thank you for reminding us of the truth about the PRS case. This thread is full of misinformation. I also recall FMICs failure to trademark their body shapes.

     
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  5. C-4

    C-4 Member

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    We just got our first Krispy Kreme shop last October. I had never tried one of their donuts before that.
    That single shop did over 1 million dollars business the first month. It was so bad that police had to direct traffic in front of the store all month.

    They were giving donuts to people standing in line to buy them.

    I tried them, but I'm a Dunkin Donut person myself...including the glazed type! ;)
     
  6. funkapus

    funkapus Supporting Member

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    Oof. Not only are KK way better than Dunkin; but in a magazine-published poll of fast food workers that I saw, where workers at specific restaurants were asked off-the-record "what should customers avoid at your chain?" (IIRC, McDonalds employees mostly said "the salads"; Wendy's employees mostly said "the chili", etc.), Dunkin Donuts employees overwhelmingly said "the donuts".
     
  7. Gallery

    Gallery Supporting Member

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    Umm... asserting??? Maybe because it's just an opinion.
     
  8. funkapus

    funkapus Supporting Member

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    The second part of that quote didn't look like an opinion to me, but rather as a description of a set of facts. YMMV.
     
  9. Gallery

    Gallery Supporting Member

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    Should probably read it again then...
     
  10. funkapus

    funkapus Supporting Member

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    I guess I wasn't clear. I was referring to:

    I seem to remember the agreement described as being in good faith with the unfortunate employees who couldn't relocate. Not with another corporate entity looking to come in and leverage that agreement.
    That doesn't read like an opinion to me. Again, YMMV.
     
  11. Bassopotamus

    Bassopotamus Member

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    The bit from Gibson about heritage only now infringing on designs is dumb on its face. Heritage doesn’t have any new designs and hasn’t tweaked the ones they have. My suspicion is 2 things may be driving this

    1. Heritage has their own aged finishes now

    2. Heritage seems to be ramping up production and distribution (CME and Sweetwater both have them now) which may feel like more of a threat
     
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  12. d'djembe mutombo

    d'djembe mutombo Member

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    I don't really have a problem with Gibson suing other brands, but I think it's a silly strategy for longevity. Gibson should consider innovation. People are going to want a Les Paul for only so long. When that market eventually dries up, what then?

    Gibson has some very iconic guitar designs. Take them and improve them. Invent new designs entirely. Start making quality GIBSON guitars in low cost countries. Fender figured this out a long time ago.

    Krispy Kreme had to close a ton of stores a decade ago because they were cooking the books. KK & DD are both trash. Shipley's or bust.
     
  13. John C

    John C Supporting Member

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    Sorry; I just don't remember if that was the case or not. When the SCs came out I was in a big Fender phase; I didn't come back to PRS until after the SCs had been out for a year or twon(but prior to the Gibson vs. PRS situation), and I came back to PRS for those first-runs of the CU22s with the 3 P90 pickups.
     
  14. Gallery

    Gallery Supporting Member

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    Yeah, can't help ya if you're not going to read in the context...

     
  15. drbob1

    drbob1 Silver Supporting Member

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    There's a donut shop in Queens called "Donuts and Breakfast" that makes THE best donuts in the world!
     
  16. The Golden Boy

    The Golden Boy Member

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    Truth.
     
  17. funkapus

    funkapus Supporting Member

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    Whatever makes you happy, man.
     
  18. plaintopper

    plaintopper Member

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    Ours came and went just a few years ago. Terrible donuts. If I can drive by every day and not even be tempted to stop, that’s an indictment ... :) Never heard of Shipley’s.
     
  19. Steadfastly

    Steadfastly Member

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    There are no family ties in the corporate world.
     
  20. Mikhael

    Mikhael Member

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    Shipley's are good... but around these parts Round Rock Donuts gets the top prize (Round Rock is a town just north of Austin, TX).
     
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