U.S. Supreme Court won't take up Gibson lawsuit

Benee Wafers

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U.S. Supreme Court won't take up Gibson lawsuit against rival guitar-maker
06/06/2006 10:18:00 PM

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Interesting from the Canadian Press
Benee Wafers

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NASHVILLE, Tenn. (AP) - The U.S. Supreme Court has decided the beat should go on, letting stand a lower court ruling on a trademark dispute between Gibson Guitar Corp. and a Maryland guitar-maker.


The ruling Monday allows the manufacture of a guitar very similar to the storied Les Paul model. The court declined to hear objections to a 2005 U.S. appeals court ruling that said Paul Reed Smith Guitars of Stevensville, Md., did not infringe on the trademarked design of Gibson's popular Les Paul model.
"Did you hear the sigh of relief? There is relief in finality," said William Coston, a Washington lawyer who represented Paul Reed Smith Guitars.

Nashville-based Gibson had objected to Paul Reed Smith's Singlecut line of guitars, saying the models were too similar to the Les Paul and created confusion in the marketplace.

A district court judge agreed with Gibson in 2004 and issued a permanent injunction preventing Paul Reed Smith from making and selling the guitars.

But last September, the 6th Circuit U.S. Court of Appeals reversed the lower court's order and allowed the company to resume manufacturing, selling and distributing its Singlecut guitars.

The appeals court said the lower court "confused trademark law with trade-dress law...This affected the remainder of the district court's reasoning and prevented proper analysis of the parties' claims."

The solid body, single-cutaway Les Paul electric guitar was unveiled in 1952 and has been a favourite of rock 'n' roll and blues artists ever since. For decades, other manufacturers have offered instruments that have veered close to being outright copies.

The Les Paul was not manufactured by Gibson during most of the 1960s and the company did not apply for trademark registration until 1987. By then, other manufacturers were using the shape that defined the Les Paul look.

Paul Reed Smith introduced its Singlecut guitar in 2000, a model it said it created to satisfy dealers who loved the Les Paul but did not like Gibson.

Coston said the guitars are popular and sales have been brisk since production resumed last fall.

He also said except for some further proceedings related to court costs and legal fees, the trademark case is all but over.

A lawyer for Gibson Guitar Corp. did not return a phone message Monday.
 

Mr. P ~

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I am normally not impressed with the supreme courts actions, but I agree with this one. From the back of the auditorium I can tell the difference between a Les Paul and PRS Single cut!!
 

Jeff

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Way, wah, wah

Gibson, why don't you just compete by the way your stuff sounds & plays Instead of hiring lawyers to fatten up the bottom line.

Perfectly obvious Les Pauls set the standard for years. Try & buy a nice one for less than 2 grand on up to 25K.

I'd rather take my chances with your craftsmen.

Corporations ? Criminy !
 

HoboKen

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Hummmm.......

Considering the very first "Les Paul" was an Epiphone modified by Les before Gibson bought Epiphone, I'm glad to see that PRS can still do their thing.

What's more interesting as of late is that Gibson allowed its now underling, Epiphone, to have their Japanese Luthiers build a - equal in solid woods quality and somewhat superior in craftmanship and quality control "Less Paul, Les Paul Custom, and the Byrland electric guitars under their "Elitist Series" banner. Built in Japan, the Elitist Epis are sent to the Gibson Custom Shop in Nashville, TN to have the Gibson USA electronics put in them and set-up to player perfection.

AND.....I still like the Guild Electrics and the DeArmond Korean Electrics.

HoboKen
 

West R Lee

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Seems like I read this article a long time ago.

Hmm, I've been faced with the choice of buying Hoboken built, Westerly built, GAD Chinese built, Corona built, or Tacoma built, not to mention Takamine Guild knockoffs for decades now. Still my choice though isn't it? I thought that's what "free enterprise" was all about.

West
 

Kap'n

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I just bought an LP last week, but only because it was specifically a nice peice.

If Gibson spent more time building nice guitars, and less time on lawsuits and t-shirts, there wouldn't need to be a PRS.
 

jp

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Sounds like a personal thing, a corporate vendetta against PRS. There have been a bazillion imitators, and now they single out PRS? Have to agree with the decision as well.
 
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