GIBSON SUES DEAN GUITARS

Bill Hicklin

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There was never a lawsuit against Ibanez or Greco: Gibson sent them a C&D letter and they backed down (at least WRT the headstock)
 

Brians Evil Twin

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"On June 28, 1977, in the Philadelphia Federal District Court, a lawsuit was filed by the Norlin Corporation, the parent company of Gibson Guitars, against Elger/Hoshino U.S.A.'s use of the Gibson headstock design and logo. Hoshino settled out of court in early 1978 and the case was officially closed on February 2, 1978."


I say let Judge Judy decide...

 
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Bill Hicklin

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OK, I stand corrected. I hadn't known that Elger and Ibanez were the same company.
 

Brians Evil Twin

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This is the judge assigned to the case:




Born 1965 in Ellwood City, PA

Federal Judicial Service:
Judge, U.S. District Court for the Eastern District of Texas
Nominated by Barack Obama on June 26, 2014, to a seat vacated by T. John Ward. Confirmed by the Senate on December 16, 2014, and received commission on December 19, 2014.

Other Federal Judicial Service:
U.S. Magistrate Judge, U.S. District Court for the Eastern District of Texas, 2009-2014

Education:
University of Pittsburgh, B.A., 1987
Baylor University School of Law, J.D., 1990

Professional Career:
Law clerk, Hon. Paul Brown, U.S. District Court, Eastern District of Texas, 1990-1992
Private practice, Sherman, Texas, 1992-1993, 2003-2004
Law clerk, Hon. Robert Faulkner, U.S. District Court, Eastern District of Texas, 1993-2003
Law clerk, Hon. Don D. Bush, U.S. District Court, Eastern District of Texas, 2003
Justice, Fifth Court of Appeals of Texas, 2004-2009
 

DotStudio

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This is the judge assigned to the case:




Born 1965 in Ellwood City, PA

Federal Judicial Service:
Judge, U.S. District Court for the Eastern District of Texas
Nominated by Barack Obama on June 26, 2014, to a seat vacated by T. John Ward. Confirmed by the Senate on December 16, 2014, and received commission on December 19, 2014.

Other Federal Judicial Service:
U.S. Magistrate Judge, U.S. District Court for the Eastern District of Texas, 2009-2014

Education:
University of Pittsburgh, B.A., 1987
Baylor University School of Law, J.D., 1990

Professional Career:
Law clerk, Hon. Paul Brown, U.S. District Court, Eastern District of Texas, 1990-1992
Private practice, Sherman, Texas, 1992-1993, 2003-2004
Law clerk, Hon. Robert Faulkner, U.S. District Court, Eastern District of Texas, 1993-2003
Law clerk, Hon. Don D. Bush, U.S. District Court, Eastern District of Texas, 2003
Justice, Fifth Court of Appeals of Texas, 2004-2009
Uh oh, he looks like the stereotypical Gibson owner. He might be on their side.
 

Rando375

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I have just two words for the situation that perhaps provide all the answers. "Laches" and Estoppel" Look these words up if needed.
office1.gif


And even more so if Gibson isn't successful with their effort. All the hoopla for nothing
 
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Brians Evil Twin

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I have just two words for the situation that perhaps provide all the answers. "Laches" and Estoppel" Look these words up if needed.
Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim.

Laches refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing [defending] party.
 

ehb

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That sounds like frenchie talk...
 

Brians Evil Twin

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Gibson is the shit, Dean is just shit. My opinion.
I've had only one Dean guitar on my bench, a 335-ish Chinese 12-string and that guitar was certainly shit. But that was only one guitar, and I can't judge the whole line from that. I can say that I think most of their guitars are fugly, and I would rather have a Gibson any day for lots of reasons.

Nonetheless, the lawsuit seems poorly conceived, frivolous, and some of the allegations look like they were made up by B-school frat boys smoking one too many doobs. For instance:

391960


I think Judge Mazzant is going to look at this and think "who fucking cares?"

And this stuff just looks like an intern was tasked with searching Google for magazine covers:

391961


391963


391964


There's many pages of this kind of "supporting evidence" and not one single page showing anything Dean is accused of.

It's not going to impress the judge and it shouldn't.

If this judge has ANY experience with patent, copyright, and trademark law, he's going to throw the whole thing out.

Dean might even have a case to make Gibson pay their expenses.

If Gibson would have put this effort into defending their IP in the 60's and 70's, they would have some traction, but it's too late, and this looks like a desperate attempt to bully a selected competitor and try to intimidate the rest of the market.
 
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MikeyTheCat

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Gibson’s lawyers can’t be but so dumb. So if they lose, do they only lose against Armadillo, but the trademarks still stand against all others?
 

Dave_W

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Gibson’s lawyers can’t be but so dumb. So if they lose, do they only lose against Armadillo, but the trademarks still stand against all others?
Gibson's lawsuit is only against Dean/Armadillo for infringing its trademarks. If Gibson loses, that doesn't mean the trademarks are invalid, only that Dean's designs aren't infringing.

Dean and others are also petitioning TTAB to void Gibson's trademarks. That's a separate action.
 

Brians Evil Twin

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Any word on his private practice's focus?
WOLFE, TIDWELL & MCCOY
Wolfe, Tidwell & McCoy traces its roots to the 19th century, and is a successor firm to Henderson, Bryant & Wolfe. Out of this heritage comes a strong emphasis on trial practice in the insurance-defense, general-tort and commercial trial-law areas.

These practice areas were broadened more than twenty years ago to include the representation of public entities both general and in litigation before courts and agencies. The firm’s broad client spectrum includes private businesses, governmental units, public officials, and high-technology interests, and our services range from local-counsel work for international firms to representation of farmers, ranchers, and business owners.
 

Joey2tone

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I watched a video the other day, Stay Metal Ray said from what he learned from Guitar world said, dean is now suing Gibson. Apparently Gibson's douchbagery has no boundaries, it was reported that Gibson people have been calling around to dean dealers and threatening them about selling dean guitars that they need to stop or Gibson is going to get them too. I haven't seen the article myself, but I don't believe this guy would lie. Maybe someone could verify this with better research skills than me. :)
 

MikeyTheCat

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I watched a video the other day, Stay Metal Ray said from what he learned from Guitar world said, dean is now suing Gibson. Apparently Gibson's douchbagery has no boundaries, it was reported that Gibson people have been calling around to dean dealers and threatening them about selling dean guitars that they need to stop or Gibson is going to get them too. I haven't seen the article myself, but I don't believe this guy would lie. Maybe someone could verify this with better research skills than me. :)
Let me Google that for you...

nah, do it yourself.
 

Rando375

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Heads up, since one shit show is never enough, here's another thread to jump in on

 

Bill Hicklin

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WOLFE, TIDWELL & MCCOY
Wolfe, Tidwell & McCoy traces its roots to the 19th century, and is a successor firm to Henderson, Bryant & Wolfe. Out of this heritage comes a strong emphasis on trial practice in the insurance-defense, general-tort and commercial trial-law areas.

These practice areas were broadened more than twenty years ago to include the representation of public entities both general and in litigation before courts and agencies. The firm’s broad client spectrum includes private businesses, governmental units, public officials, and high-technology interests, and our services range from local-counsel work for international firms to representation of farmers, ranchers, and business owners.
Corporate defense firm. But appointed by the "wrong" party for corporate sympathy. Hmmm. OTOH, JC at Levi's was a big contributor to that party.

Any word on Hizzoner's campaign for the Texas Appeals Court? IIRC, that's an elected job.
 

Brians Evil Twin

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Corporate defense firm. But appointed by the "wrong" party for corporate sympathy. Hmmm. OTOH, JC at Levi's was a big contributor to that party.

Any word on Hizzoner's campaign for the Texas Appeals Court? IIRC, that's an elected job.
Jeeze Bill, hire a law clerk fercrissake.
 




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