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.
06/06/2006 10:18:00 PM
--------------------------------------------------------------------------------
Interesting from the Canadian Press
Benee Wafers
Printer-friendly page
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.