It takes a special kind of stupid...

Started by Dave W, June 18, 2019, 12:42:08 AM

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Dave W

Quote from: westen44 on June 19, 2019, 04:15:21 PM
Whoever said there is no such thing as bad publicity (P.T. Barnum?) obviously never had the chance to see something like this.

Right. It's being discussed at every forum I've checked, and the reaction is about 98% negative.

As Rob said, these weren't Mark's own words. It still reflects poorly on him. In the discussion at the Gear Page, it was pointed out that he had no problem hawking copies when he was at Norm's, so by doing this video, it shows he'll do anything for a paycheck.


Dave W

Quote from: BeeTL on June 19, 2019, 08:33:21 AM
Ironically, Trademarks have nothing to do with innovation or quality:

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. [...] Trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections.

True. Whoever wrote the script either doesn't understand that or is trying to bamboozle the public.

Quote from: BeeTL on June 19, 2019, 08:33:21 AMTrademark rights accrue in the market over time, so it's never "too late" to assert protected status, and it's not uncommon for disused Trademarks to be reasserted as a brand is resurrected.

It's also never too late to challenge the validity of a trademark. Ironically, by making a public issue of this when there are a lot of copies out there, Gibson may have left themselves open to an attempt to cancel their marks. It could happen.



BTL

Trademark litigation is complex, expensive, and often not a matter of public record.

Because of that, much of what we know about these cases is based on rumor and hearsay.

On occasion, you may see a press release from a law firm, but learning the details of how these claims were argued and adjudicated can be quite a challenge.


Rob

Quote from: steveonbass on June 20, 2019, 09:24:52 AM
.aaaaaaand bam.

https://guitar.com/news/industry-news/gibson-sues-dean-guitars-trademark-infringement/

Hey Steve good to see you posting even if it's about this mess.
There are only so may ways to get from the bridge to a tuner.  So. . . if all headstocks were cut flat on top would Martin sue for damages?
Gibson needs to lose one of these cases in big way to slow this sort of harassment down.

Chris P.


Pilgrim

"A computer lets you make more mistakes faster than any other invention with the possible exceptions of handguns and tequila."

doombass

Anyone who thought some guitars on the market were Gibsons but in fact were Deans raise your hands! Anyone? I guess if you thought you bought a Gibson while the headstock says Dean I'd say you're probably still clueless. And happy until maybe now when you've been enlightened.

Dave W

Quote from: doombass on June 20, 2019, 03:00:13 PM
Anyone who thought some guitars on the market were Gibsons but in fact were Deans raise your hands! Anyone? I guess if you thought you bought a Gibson while the headstock says Dean I'd say you're probably still clueless. And happy until maybe now when you've been enlightened.

Exactly! That's why the mention of counterfeiting in the video is so stupid. As the link in Brad's post above shows, Gibson lost a counterfeiting claim in 2016.

What bothers me is that this was filed in the Eastern District of Texas, a well-known judicial hellhole favoring plaintiffs. Hopefully Dean/Armadillo can get the venue changed since there's no legitimate reason to file it there except to game the system.

It looks like this was filed before the video came out. Now we know why the video was made.

Dean had making the models in question for about 20 years before Gibson got trademarks on their body shapes in the late 1990s. This would be a perfect opportunity for Dean and other companies to join together and petition for a cancellation of those trademarks.

Dave W


Dave W


Pilgrim

Love the photo of the "authentic" headstock!

:toast:
"A computer lets you make more mistakes faster than any other invention with the possible exceptions of handguns and tequila."

Dave W

Dean responds

They're going to try to invalidate Gibson's body shape trademarks. Good for them.

Dave W


Chris P.

Henning is a funny guy! German and funny. Rare...