Appeasl Court Overturns Gibson vs. PRS ruling

[Kurt L]

Saw this on another board - thought this link would be of interest here as well.

Court ruling

[MCChris]

So much for that Singlecut I purchased as an investment piece ...

[serial]

Wow, unlike most of my "pleasure reading", that was actually pretty interesting and a bit amusing!

[Jeff R]

I just called my best friend and broke the news to him.

He has 27. Not one duplicate in the bunch.

[silentman]

I saw a USED singlecut at GC yesterday...

are you ready?

$6500

Wonder if they'll lower the price. I thought it was a Gibson, LOL.

[thecajunboy]

I just called my best friend and broke the news to him.

He has 27. Not one duplicate in the bunch.

No Jeff, I sold them all to buy gasoline to get to work.

[Hackubus]

I just called my best friend and broke the news to him.

He has 27. Not one duplicate in the bunch.

Holeee crap.

[hamerican gigolo]

Fantastic! It's about time Henry J. got what was coming to him.

[Jason01]

I have a question now that I've read this. If Gibson didn't patent the Les Paul until 1987 how could they sue Ibanez over copycating the design in the 70's?

[bruce919]

Great I wanted to see PRS win this.

[Buzzy Fretts]

"Gibson essentially argues that the shape of the PRS guitar leads consumers standing on the far side of the room in a guitar store to believe they see Gibson guitars and walk over to examine what they soon realize are PRS guitars. See, e.g., J.A. at 1451 (Carter Dep.) (“Just looking at the guitars on the wall, I initially thought I was looking at Les Pauls, and [] on a closer look, I saw I wasn’t.”). We decline to adopt such a broad reading of the initial-interest-confusion doctrine. Many, if not most, consumer products will tend to appear like their competitors at a sufficient distance. Where product shapes themselves are trademarked,17 such a theory would prevent competitors from producing even dissimilar products which might appear, from the far end of an aisle in a warehouse store, somewhat similar to a trademarked shape. Accordingly, we hold that initial-interest confusion cannot substitute for point-of-sale confusion on the facts of this case."

Amen! I like this next one...

"Finally, Gibson argues that, taken together, the initial-interest-confusion and post-saleconfusion doctrines should be extended to include something that we can only describe as a “smokybar theory of confusion.” Initial-interest-confusion doctrine, which we have already rejected on the facts of this case, applies when allegedly improper use of a trademark attracts potential purchasers to consider products or services provided by the infringer. Post-sale-confusion doctrine, which we have also rejected on the facts of this case, applies when allegedly improper use of protected trade dress on a lower-quality product diminishes the reputation of the holder of the rights to that trade dress.18 In the smoky-bar context, however, Gibson does not suggest that consumer confusion as to the manufacturer of a PRS guitar would lead a potential purchaser to consider purchasing a PRS, rather than a Gibson, or that Gibson’s reputation is harmed by poor-quality PRS guitars. Rather, Gibson argues that this confusion occurs when potential purchasers see a musician playing a PRS guitar and believe it to be a Gibson guitar:

"In the context of guitar sales, initial interest confusion is of real consequence. Guitar manufacturers know that they can make sales by placing their guitars in the hands of famous musicians. On a distant stage, a smoky bar, wannabe musicians see their heroes playing a guitar they then want. Gibson Br. at 20-21. As Gibson concedes that PRS produces high-quality guitars, we do not believe such an occurrence could result in confusion harmful to Gibson. If a budding musician sees an individual he or she admires playing a PRS guitar, but believes it to be a Gibson guitar, the logical result would be that the budding musician would go out and purchase a Gibson guitar. Gibson is helped, rather than harmed, by any such confusion."

[serial]

I would LOVE to see a PRS Singlecut ad campaign with the slogan:

"ONLY AN IDIOT would think that this is a Les Paul"

Borrowing Gibson's own language to advantage would be sweet and funny as hell.

[bruce919]

I would LOVE to see a PRS Singlecut ad campaign with the slogan:

"ONLY AN IDIOT would think that this is a Les Paul"

You should send that to PRS.

[Wrecks]

It's always hilarious to see someone hang their nuts on their own words!

[Nuclear Wessel]

So there is still justice in this country.

The real question is how many drinks would a patron in a smoky bar have to have consumed before confusing a Gibson or PRS with a Jay Turser, or worse, an Epiphone with a cardboard top?

[killerteddybear]

Gibson placed way too much faith that people in 'a smoky bar' would recognize, or even be interested in, what brand of guitar you're holding.

In my experience, unless your guitar has tits shooting green flames, the majority of patrons will only be aware that a live band is playing because they don't hear their favorite songs (yuh know, the ones in the jukebox!)... a detail such as guitar brand is way beyond the average night crawler.

[anotherfreak2]

I would LOVE to see a PRS Singlecut ad campaign with the slogan:

"ONLY AN IDIOT would think that this is a Les Paul"

MWAAAHAHAHAHAHAHAHAHAHA!!!!!!!!!!!!

that's funny!!!!!

where are the points when you need them!

thanks for the laugh

[mc2]

In the mid-90s at one of the winter NAMM shows in Anaheim, one of Gibson's competing companies filled a large number of the urinals in the show floor men's rooms with 5x7 head shots of Henry J. and people were pissing on them. It only lasted about a half-hour before Gibson employees grabbed them all out of the bathrooms once they heard. I was the NAMM-TV reporter during that time and we grabbed one with a big pee stain across his head and saved it in a baggie....I got a few nice favors from Gibson by not using the photo in a news story

I'm saving it to sell on Ebay someday...

[pesocaster]

I would LOVE to see a PRS Singlecut ad campaign with the slogan:

"ONLY AN IDIOT would think that this is a Les Paul"

Borrowing Gibson's own language to advantage would be sweet and funny as hell.

Or a picture of Les Paul (the man) holding a singlecut.... THAT would be priceless...

[Kurt L]

I'm saving it to sell on Ebay someday...

Anticipating a big market in pee-stained photos of Henry J., huh? That's almost as nasty as Monica saving the blue dress. :-)

[tomteriffic]

Reading through the judgement, it would appear that the apellate court slapped Gibson on this one pretty hard. It's probably not in the purview of this court to call a lawsuit 'frivolous and without merit' (which would mean that Gibson would have to pick up the tab for all court costs and their attorneys would be sanctioned), especially since no one asked them to, but in between the lines, it looks like they were only a step or two away from it.

[Jason01]

Wrecks, this is a discussion about Gibson vs. PRS. Where are you going with the screenshot of BCR Greg talking about Hamer? Just trying to figure out whats going on here?

[Wrecks]

Jason,

Greg has an announcement he needs to make regarding his relationship with Hamer and their recent decision to preserve their reputation. It kind of falls in line with the "hoisted on your own petard" line that Serial spoke of in the concept PRS ad.

Greg?

[Stevieconlon]

Nice post--thanks for the heads up! As for the replies--great stories and several very funny remarks--I appreciate the laughs!

[Willie G. Moseley]

Regarding the so-called "smoky bar" scenario: I've stated such in print and/or in a thread before (I forget which) , and it bears repeating here: The AVERAGE patron in an AVERAGE venue (read: bar) where AVERAGE musicians play doesn't know the difference in a D'Angelico and a Danelectro (or a Peavey and a PRS). And by "average musicians" I'm referring to how successful their musical aspirations are, not chops. Bar patrons usually only want to hear music they came of age with, and want to hear such for the rest of their lives. Back in the '70s, my bar band would get requests from patrons for songs such as "Toot Toot Tootsie" and "String of Pearls" right after we'd done something like Alice Cooper's "I'm Eighteen"...it could get that ludicrous.