What's Going On With Gibson

[KirkP]

Correct me if I'm wrong, but I read on another forum ... Gibson Les Paul oriented with people well versed in Gibson's history ... that the headstock design was in the pubic domain 100 years ago when Orville Gibson started using it. Go figure.

If the “open book” headstock shape had been used before Gibson adopted it, I think it was very rare. In a quick search, I don’t find any pre-Gibson examples. Even so, it may be legal to adopt a historical design element as a trademark, as long as no one else has a prior claim to it as such.

A short read about trademarks in the US:
Trademark Basics - Crafts Law

Application of trademark law is complicated though. One important factor is whether the product shape might cause someone to purchase a non-Gibson product thinking they were buying a Gibson or Gibson-licensed product. Here’s an analysis of the Gibson vs. PRS case over the single-cut shape.
https://www.socsci.uci.edu/lawforum/...J_2007_wie.pdf

[Doctor Jeff]

Oops. Gibson lost.

Gibson's Flying V Body Shape Trademark Appeal | Reverb News

Yes I realize it’s Europe and not related to the Dean lawsuit, but the principle here was outlined by the prior lawsuits settled against Fender:

Shapes of Things: A Brief History of the Peculiar Behind-the-Scenes War Over Guitar Designs

[jads57]

So sad it's usually not the inventor or group of people that make the best version. It's the person or group who can somehow sell it and then claim ownership.
Whether it's a windshield wiper, the "Blues", or guitars.

And winners and their supporters try to own and write the history as well,LOL!

[dazzaman]

Also...

Didn't Gibson do a slash les paul custom shop model that was a copy of slash's lp copy he got because his gibson lp was cr*p ?

Peace out - my head hurts now.

This.

I don't see how Gibson can really defend the argument if the Slash copy ever gets used against them since it is an example of them having publicly condoned the practice.

That said, I have (personally) far less issue in Gibson trying to protect their IP than with Dimarzio being able to stop or demand a licence fee for anyone (including Gibson) making double-white exposed humbuckers. At least Gibson did actually come up with the shapes (more or less) rather than just being corporate sharks. Just a pity (as others have said) that they aren't making instruments good enough that everyone would actually prefer a Gibson over instruments by other companies.

[dot75]

Yep - here's the man himself promoting his new model - a Gibson copy of a Kris Derrig copy* of a Gibson Les Paul. The guitar on the left is the 'original'

*hard to see from the poor quality video but did Kris Derrig put Gibsons' name on the headstock ?

More stuff so y'all can decide who should sue who next.The Legend of Slash’s Appetite for Destruction Les Paul

’59 Les Paul replica built by Kris Derrig | Slash's World