Gibson vs. Dean Verdict Decided

CB91710

Not Michael Sankar
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On what basis?

I think it's the other way around. Gibson could go after Fender for their Kramer Pacer clones:

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Gibson didn't acquire the Kramer name an IP until 2005.
EVH Also teamed up with Fender in 2005, leaving his deal with Music Man.

Given that the Pacer/Baretta was effectively originally a Superstrat, Fender could reasonably file against the Kramer division for the original infringement once the brand was salvaged from bankruptcy.
I mean... if Fender wanted to challenge Gibson at their own game and claim based on a design that had never been in practice protected.

But honestly, Kramer/Gibson is not taking enough market away from Fender/EVH to make it worthwhile, especially considering the history of the brands and designs.
Non-musicians don't look at that and see a Kramer, or a Gibson, or even a Fender. They see a guitar that looks kinda' like the one their dad or grandpa had, and if they hold interest long enough to ask him about it, it's probably a Fender.
 

OldBenKenobi

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Gibson didn't acquire the Kramer name an IP until 2005.
EVH Also teamed up with Fender in 2005, leaving his deal with Music Man.

Given that the Pacer/Baretta was effectively originally a Superstrat, Fender could reasonably file against the Kramer division for the original infringement once the brand was salvaged from bankruptcy.
I mean... if Fender wanted to challenge Gibson at their own game and claim based on a design that had never been in practice protected.

But honestly, Kramer/Gibson is not taking enough market away from Fender/EVH to make it worthwhile, especially considering the history of the brands and designs.
Non-musicians don't look at that and see a Kramer, or a Gibson, or even a Fender. They see a guitar that looks kinda' like the one their dad or grandpa had, and if they hold interest long enough to ask him about it, it's probably a Fender.

The Kramer Pacer/Baretta infringes on no trademarks held by Fender. The body and headstock design are both unique from the Strat (the body isn't trademarked anyway). It's not like Charvel where Fender was able to C&D them to stop using the Strat headstock.

However, the EVH 5150 does infringe on Gibson's trademark for the Explorer headstock. That model BTW was launched in 2017. And more recently EVH has launched a whole line of them without the stripes:

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That's a guitar I would say is in direct competition with current Kramers. Same price point, same audience, hell even the same artist attached to it.

i wonder why Gibson doesn't fight it.
 

CB91710

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i wonder why Gibson doesn't fight it.
Because they never fought Kramer when they used the same headstock design, and ultimately bought the company?
Dunno... sometimes there is no figuring out why corporations make the decisions they do.
Leave Fender alone for the Explorer headstock, which likely has minimal impact on Gibson sales.
But lay the hammer down on Dean for multiple designs... effectively gutting the company's product line, but similarly to EVH, I'm sure Dean was not a major impact to Gibson sales... completely different target market, if Dean had never existed, or if this case causes Armadillo to say "screw it" and fold the company, most potential Dean customers will likely move to Jackson, ESP, Solar, or one of the other brands that is more focused on the more exotic/metal designs.
 

Zungle

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Honestly......

This shit makes me far less inclined to buy Gibson.......

Gibson needs to make better guitar and execute a better business plan from top to bottom and win/earn customers.....

And trademark, copyright and patent law needs massive reform.....

Every year in the USA good products, medicines and tech is killed off because of the current system.....
 

OldBenKenobi

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Because they never fought Kramer when they used the same headstock design, and ultimately bought the company?
Dunno... sometimes there is no figuring out why corporations make the decisions they do.
Leave Fender alone for the Explorer headstock, which likely has minimal impact on Gibson sales.
But lay the hammer down on Dean for multiple designs... effectively gutting the company's product line, but similarly to EVH, I'm sure Dean was not a major impact to Gibson sales... completely different target market, if Dean had never existed, or if this case causes Armadillo to say "screw it" and fold the company, most potential Dean customers will likely move to Jackson, ESP, Solar, or one of the other brands that is more focused on the more exotic/metal designs.
I'm pretty sure Gibson did go after them, because they only used the hockey stick for a few years before switching to the Jackson-style pointy headstock.
 

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