Dean Guitars maker has won the right to a retrial in Gibson trademark dispute – but what does that really mean?
Dean Guitars maker has won the right to a retrial in Gibson trademark dispute – but what does that really mean?
The 5th Circuit Court of Appeals has ruled that Armadillo Enterprises is entitled to a retrial that will include previously excluded evidence
100% agree with Dean on this. Shape is set dressing and personal choice. It is pretty far down on the list of whether a guitar is great and long lasting.
7Trademarking a shape of something feels like the lawsuit from a while ago, where they tried to copyright a fucking musical note
4As Rickenbacker knows, shape is a function of Trademarks and not Copyright. Ric maintains TM on their stuff by actively pursuing violators and suing them. Certain copyrights expire after 20 years - a relevant one would the Gibson invention "truss rods" which help keep guitar necks straight. In 1919, Gibson invented them and put them in guitars. In 1939, the copyright on the patent was lifted and their biggest competitor at the time, Epiphone, was able to put them into their guitars, leading to the Golden Era of Epiphones from around 1940-1952. Incidentally, the brothers of the founder drove the company into the ground after his death, and Epiphone was bought by Gibson in 1957 - thereby passing along to Gibson such things as the "mini-humbucker" which was found in Firebirds and Les Pauls to name a few.
2Patents expire after 20 years, yes, but patents aren't copyrights. No current copyright expires in 20 years. They all expire 70 years after the death of the author (or 120 after creation in the case of corporate with for hire)
5Mixed my terminology. I'm not a lawyer, but I know my guitar history. You got the point.
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Off topic, I've always seen truss rods as a symptom of manufacturing defects. I've never considered them what made Epiphones great.
-2Not manufacturing defects. They correct the natural tendency of wood to change shape with temperature and humidity.
Kay and other companies used stiff bars of non-adjustable steel in the neck to keep them from warping, but results were mixed.
Truss rods let you fix and adjust to different climates and conditions.
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