Gibson should sue themselves

[scott 351 wins]

Saw this article about this guitar maker approaching Gibson about buying his guitar. Maybe Gibson should take a long look at themselves...

O. W. Appleton Home Page

OW Appleton, designer of the solid body electric guitar.

www.owappleton.com

 

[Left Paw]

Not really. This is old news. Paul Tutmarc was making solid body electric guitars in the 1930s under the Audiovox name. They didn't have the same cutaway as Gibson but did offer full access to upper frets. And Gibson's own arch tops of the 1930s had a similar cutaway when introduced in 1939. Slingerland introduced a solid body electric guitar in 1939 (no cutaway) and several Rickenbacher guitars were electrified in the 1930s, made of solid materials (aluminum or bakelite). APP has a claim, I suppose, but his idea never went anywhere. Contrast with Leo Fender who took the same idea all the way.

 

[freebyrd 69]

He never got it trademarked/patented, so........

 

[dsmcl77]

"Almost ten years later, in 1952, Appleton received a letter from a friend at Gibson. The letter read, "Well, App, you see our competition (editor's note: that would be Fender) has finally forced us to come out with your solid guitar. Sure wish we had listened to you back in 1943." Included with the letter was a brochure for the new Gibson Les Paul Model. In frustration, App threw the letter out. "

Ooops!

 

[DotStudio]

"Almost ten years later, in 1952, Appleton received a letter from a friend at Gibson. The letter read, "Well, App, you see our competition (editor's note: that would be Fender) has finally forced us to come out with your solid guitar. Sure wish we had listened to you back in 1943." Included with the letter was a brochure for the new Gibson Les Paul Model. In frustration, App threw the letter out. "

Ooops!

For real, I would've had that bad boy laminated on the way to see the attorney.

 

[Bill Hicklin]

So, he "threw away" the letter that would have been the crucial evidence in any potential lawsuit. Right. And the dog ate the birth certificate proving I'm the heir the the English throne.

Moreover, Lester Polfuss beat him to the "try to sell Gibson on this" thing. Les took his "Log" to Gibson in 1941.

 

[martin H]

I think Gibson should sue itself on a brand dilution theory, for selling a lot of poorly conceived and badly executed instruments that have damaged the company's reputation for quality products in the marketplace

 

[CRobbins]

 

[Stevie 202]

 

[TheX]

I think Gibson should sue itself on a brand dilution theory, for selling a lot of poorly conceived and badly executed instruments that have damaged the company's reputation for quality products in the marketplace

Can't disagree with this.

 

[lpfan1980]

G

I think Gibson should sue itself on a brand dilution theory, for selling a lot of poorly conceived and badly executed instruments that have damaged the company's reputation for quality products in the marketpl

 

[lpfan1980]

Yeah the ceo should walk around with a sandwich board saying our customers want us to feel shame looking very forlorn.

 

[Zungle]

The non obvious mistake OW Appleton made, was not producing his solid body guitar himself and taking them to market , immediately after Gibson snubbed him...

This would've given his guitar "Public Disclosure" and possibly established prior art.....

While this would not have given him the IP leverage of a utility or design patent.....it may have kept market open for all others and prevented the Gibson monopoly .......

 

[rockstar232007]

Funny how that works. Paul Bigsby created what nowadays would be considered a "Frankenpaul" (Les Paul shape, with a Fender-style headatock) in 1947:

 

[Marshall & Moonshine]

Masturlitigation is now a thing.

 

[MikeyTheCat]

"Almost ten years later, in 1952, Appleton received a letter from a friend at Gibson. The letter read, "Well, App, you see our competition (editor's note: that would be Fender) has finally forced us to come out with your solid guitar. Sure wish we had listened to you back in 1943." Included with the letter was a brochure for the new Gibson Les Paul Model. In frustration, App threw the letter out. "

Ooops!

If he threw the letter out how do we know what it said?

 

[Olds442]

PRS should totally sue them.

 

[Stevie 202]

If he threw the letter out how do we know what it said?

Gotta take his word for it I suppose.

 

[MikeyTheCat]

The non obvious mistake OW Appleton made, was not producing his solid body guitar himself and taking them to market , immediately after Gibson snubbed him...

This would've given his guitar "Public Disclosure" and possibly established prior art.....

While this would not have given him the IP leverage of a utility or design patent.....it may have kept market open for all others and prevented the Gibson monopoly .......

Gibson has a monopoly?

 

[MikeyTheCat]

Sometimes the circumstances are right for multiple discovery.
A friend of mine came up with an idea for recording to a hard drive. He checked to see if something like that existed or if anyone else was working on it and found nobody was.
A year later there were six including his company, and several released the initial versions of their products at the same trade show. There was no connection between the companies except for looking at the existing technology at the time and seeing what to them was an obvious use for it.