DEAN SUES GIBSON GUITARS

rich85

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Threatening guitar stores really is bullying at its finest.

The other thread is a mess so I just made a new one.

Mods feel free to merge. Just thought it was an actual interesting development.

 
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Crotch

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oicu812

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I am waiting for the trolling minions to come down hard on Dean, it is their turn. Dean is suing Gibson, the horror. Where is the moral outrage? C'mon, pile on mo foes. I am sure you can muster up 20 or more pages of drugstore psychology, quick references to Legal Zoom, and the obligatory blither that is all too common in these threads.
 

Dave_W

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I am waiting for the trolling minions to come down hard on Dean, it is their turn. Dean is suing Gibson, the horror. Where is the moral outrage? C'mon, pile on mo foes. I am sure you can muster up 20 or more pages of drugstore psychology, quick references to Legal Zoom, and the obligatory blither that is all too common in these threads.

I can hardly wait until you get banned from this thread.
 

rich85

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What Gibson have done here is actually very, very serious.

Especially if they lose the trademark suit in the US.

They have threatened guitar stores to stop stocking Dean with absolutely no legal grounds to do so at that point in time.

That is seriously wrong.
 

Fiat Lux

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What Gibson have done here is actually very, very serious.

Especially if they lose the trademark suit in the US.

They have threatened guitar stores to stop stocking Dean with absolutely no legal grounds to do so at that point in time.

That is seriously wrong.

No. I don't think its very, very serious or seriously wrong. If Gibson had a reasonably held belief that stores selling Dean guitars were infringing its intellectual property there would be nothing legally or ethically wrong with sending C&D letters to retailers. This would be the case even if that reasonably held belief ended up being wrong, provided that it was reasonably held.

Let's not get our knickers in a twist here.

Gibson has been widely criticised for lobbing the trademark grenade into Dean's bunker. Deans retaliation via countersuit appears to be equally misguided and criticism worthy (given Dean pretty much acknowledged it deliberately and intentionally pinched Gibson's IP all those years ago). It hardly comes to this fight with clean hands...

cheers
 

TheX

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Deans retaliation via countersuit appears to be equally misguided and criticism worthy (given Dean pretty much acknowledged it deliberately and intentionally pinched Gibson's IP all those years ago). It hardly comes to this fight with clean hands...

I totally agree, they're both acting like children. At this point, since a knife duel is out of the question, we have to let the courts decide.
 

45WinMag

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When is Gibson going to start enforcing its patents for guitars with the pickguard on, guitars with the pickguard off, and the trademark of the term "butter"?
 

Brians Evil Twin

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On 12 September 2005, PRS published a press release. It read: “In a long-pending trademark dispute between PRS Guitars and Gibson Guitar Corp, the United States Court of Appeals for the Sixth Circuit today reversed a lower court decision and ordered the dismissal of Gibson’s suit against PRS.

“The decision also immediately vacates the injunction prohibiting the sale and production of PRS’s award-winning Singlecut guitar. Paul Reed Smith Guitars announced today that it will immediately resume production of its Singlecut guitars.”
PRS SE Bernie Marsden
The Singlecut eventually made it into the ranks of artist signature models. This SE Bernie Marsden was popular in Europe Many commentators believed that common sense had prevailed – it seemed unlikely that real-world players would confuse the Singlecut with a Gibson, whether at point of sale or on stage. Manufacturers of single-cutaway electric guitars throughout the industry breathed a collective sigh of relief, while PRS owners started to wonder if their ‘pre-lawsuit’ Singlecuts would become more valuable as a result.

Gibson wasn’t quite ready to throw in the towel – its request that all 12 Sixth Circuit judges re-hear the case was rejected, so it pushed for a United States Supreme Court review.

In 2006, the Supreme Court upheld the decision of the Sixth Circuit, ending what PRS described as a “multi-year effort to thwart legitimate competition under the guise of intellectual property law.”
 

rich85

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No. I don't think its very, very serious or seriously wrong. If Gibson had a reasonably held belief that stores selling Dean guitars were infringing its intellectual property there would be nothing legally or ethically wrong with sending C&D letters to retailers. This would be the case even if that reasonably held belief ended up being wrong, provided that it was reasonably held.

Yes, but Gibson went a step further by stating that even stocking Dean guitars is an infringement (not possible) and retailers were contacting Armadillo concerned about stocking any more guitars from them.

That is what makes it a serious matter.
 

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