The Blues Lawyer explains Gibson vs PRS Lawsuit

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Blues Lawyer Confessional

Blues Lawyer Confessional

Күн бұрын

Matt (esquire) explains Gibson's lawsuit against Paul Reed Smith (PRS). Does Gibson own the rights to all singlecut guitars that look similar to a Les Paul? How does this relate to the Dean and Heritage lawsuits?

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@jamescbender43081
@jamescbender43081 Жыл бұрын
The easiest way to tell a PRS from a Gibson is that the PRS stays in tune.
@blueslawyer
@blueslawyer Жыл бұрын
Rimshot.
@tomasvanecek8626
@tomasvanecek8626 Жыл бұрын
You know WHY this isnt true ? If one actually plays a Gibson (and not just stares at it.. there are other brands for that 😅), there are no tuning issues. The nut is the problem - the strings angle, so either you wear it out by playing - bending, tuning etc.. or you help it with some graphite/pencil dust.. 🙃 Btw - it is like with Bigsby´s.. the more you use it, the better it stays in tune... just doesnt like idling, needs some workout to wear it in, to work properly
@jamescbender43081
@jamescbender43081 Жыл бұрын
@@tomasvanecek8626 a PRS stays in tune out of the box, so…
@tomasvanecek8626
@tomasvanecek8626 Жыл бұрын
@@jamescbender43081 Sure enough - smarter strings angle at the nut, and of the headstock too.. but what is it good for, when the guitar just never sounds like an LP - which it tried so hard to emulate ? The scale is a cross between a Gibson and Fender... a catch-all attempt that didnt work that great... The devil is in the detail... But most importantly for me - I´ve tried for many years to like PRS.. but even the fanciest ones left me cold.. the guitar is a very personal thing... you touch it to make sounds... I do not feel it with PRS, even if stays in tune from the box..so 🙃 I dont need cold perfection when the vibe is not there. See, it is the same as Collings vs Martin... which one do you think I prefer ?
@markbardagjy5009
@markbardagjy5009 Жыл бұрын
I'm sure there are some nice Gibsons out there but most are overpriced duds, PRS did it better. Sour Grapes
@MrUltraworld
@MrUltraworld Жыл бұрын
Gibson was pissed because the PRS was a superior guitar in every detail.
@blueslawyer
@blueslawyer Жыл бұрын
The attention to detail and QC at PRS is unmatched--but you pay for that in an extra $1k for a Core Standard vs a Gibson Standard.
@MrUltraworld
@MrUltraworld Жыл бұрын
@@blueslawyer I was just having a bit of a laugh at you're expense. I've been a Luthier since 1978 and Gibson certified since 1985, so I've seen it all when it comes to Gibson, good and bad. Gibson is in a good place right now. Gibson had every reason to sue over the Singlecut. Gibson should have sued Dean and Hamer a long time ago. Two companies that took advantage of Gibson a long time ago. Again, I think that Gibson is firing on all 8 cylinders right now. I really like what they are doing at Epiphone. You can get a good Gibson (Epiphone) for under $1k with good electronics and fretwork.
@blueslawyer
@blueslawyer Жыл бұрын
Matt and I love our Gibson guitars. Epiphone has more leeway to be "adventurous" and try new things and Gibson is a bit hamstrung by "tradition" and "purists"... they haven't done themselves a lot of favors, but the guitars are still works of art and sound fantastic.
@che2335
@che2335 Жыл бұрын
Les Pauls are great until you need to play anything besides a single note bend or some simple dad blues licks above the 17th fret
@blueslawyer
@blueslawyer Жыл бұрын
Dad blues is the basis of this youtube channel...
@madgtrgrhtrgrtgtyhrg
@madgtrgrhtrgrtgtyhrg Жыл бұрын
LOL. As if Gibson needs any help damaging their brand. Their pricing and QC are handling that better than any third party could hope to do.
@blueslawyer
@blueslawyer Жыл бұрын
Like if someone buys a Gibson thinking it was a PRS that they saw, Gibson makes money. If someone buys a PRS instead and thinks it's a Gibson... Is that bad or does that make them look better?
@madgtrgrhtrgrtgtyhrg
@madgtrgrhtrgrtgtyhrg Жыл бұрын
@@blueslawyer I actually posted my comment before you covered Gibson's absurd "smoky bar scenario". I agree entirely with the reasoning to strike that nonsense down by the judge. PRS being viewed as a high-quality brand does nothing to injure Gibson's presumed premium standing, quite the opposite as a matter of fact. You covered this nicely in the video. PRS is seen as somewhat of a boutique brand in some respects. I imagine that there is significant buyer crossover between the two brands based on their pricing and offerings, so I can only assume Gibson's attorneys were hoping for some level of ignorance on the judge's part about the respective companies relative impression amongst the guitar buying public? My original snark is more a suggestion that Gibson's problems don't stem from PRS or any other guitar maker that uses the classic LP design, their issues stem from ridiculous pricing, poor quality and features for that pricing, and marketing to a diminishing demographic, namely Gen X and Boomers. This lawsuit, and others like it, are futile attempt to lash out at external entities, while refusing to look inward at the true inadequacies of their business. Gibson is, through very much fault of their own practices, seen as an old man brand (as a Gen X'er I hate to lump myself in there, but if the shoe fits...) resulting in an ever-shrinking customer base. As I understand it, companies must be vigilant in protecting their copyrights or trademarks against imposters, but specious arguments such as the smoky bar are pretty weak fare. Such is the life of a corporate attorney when forced to fight such cases, I guess. I am NOT an attorney, so I could be speaking from a hell of a lot of ignorance here. :D Not the first time, certainly won't be the last.
@GeoffSweet
@GeoffSweet Жыл бұрын
Pricing perhaps...but as far as QC...you clearly haven't perused the CS or Murphy instruments as of late.
@werewolflover8636
@werewolflover8636 Жыл бұрын
@@blueslawyer The control meme idiots bring up again and again was years ago, Gipson today isn’t today what it was years ago! If you actually owned one instead of a Made in China rip-off you’d know this!
@auduneggen4847
@auduneggen4847 Жыл бұрын
That’s why Gibson are out of business now. No, wait…
@BrianBrazilHarmonica
@BrianBrazilHarmonica Жыл бұрын
Here's a note for Gibson. There aren't any smoky bars anymore. In the 9 state I've played and lived in this country the bars, pubs, nightclubs or lounges smoking isn't allowed anymore. You have to smoke outside or in another designated area for it. It just goes to show that Gibson executives are so out of touch with the people they don't know what it's like in a music venue.
@blueslawyer
@blueslawyer Жыл бұрын
I'm so happy about the fact smoking is gone from bars and venues. All my gear smells so much better when I get home.
@buckcampbell3260
@buckcampbell3260 Жыл бұрын
No so fast. We still have bars in Georgia that allow smoking.
@Stefan-
@Stefan- Жыл бұрын
There may certainly be smoky bars at different places in the world, here in Sweden smoking in bars and restaurants is not allowed anymore since quite a long time fortunately and the same for many other places like workplaces for example. When i started working in the 80´s you could have someone sitting smoking at the desk next to yours when working.
@chuckmckillip5377
@chuckmckillip5377 Жыл бұрын
Smoking in bars is totally still a thing in many red states.
@blueslawyer
@blueslawyer Жыл бұрын
@@chuckmckillip5377 that's unbelievable in 2022 that cigarettes are still a thing.
@jyd59
@jyd59 Жыл бұрын
You did a great job breaking down the issues here. Estoppel will almost certainly be used by Dean Guitars in their appeal against Gibson. You're probably right that Dean will cease to use the name "Hummungbird", but the V, Z, and Gran Sport body shapes will most likely return to Dean in the appeal. Gibson is a company that I want to like: they did make legendary guitars, they have been on a multitude of recordings, and they do have an incredible tone. The Les Paul Standard wasn't called 'the standard' for nothing. But as so many have observed before, their pricing is outrageously expensive and the quality of their guitars have had a checkered past. I don't see much hope in seeing their prices go down-they see themselves as a top-tier guitar manufacturer and their brand is for 'real' players who appreciate the difference between a Gibson and any other brand ( kinda like Mercedes Benz-no one would buy a cheap Mercedes). You would have thought that Gibson, facing competition from Dean and PRS, would be looking to improve their QC and perhaps introduce some innovations that would justify a claim that their products are better and thus justified in being more expensive, but maybe Gibson can't push it any further forward without adulterating other attributes their guitars possess. It might be that Gibson has trapped itself-painting itself into a corner where they rely on vintage body shapes that just can't be improved upon in any meaningful way. One thing I wish Gibson would do is bring back the Les Paul doublecuts. They do make one now, but this is actually an opportunity for them to make a quality guitar at a lower price more available to younger [layers and those who don't possess the means to spend $2,500 on a LP Standard.
@TeleCaster66
@TeleCaster66 Жыл бұрын
I agree, the thing with the pricing is tough though, a 1950's Stratocaster cost $2,000 in today's money for instance. I don't think it's possible to build a great guitar for much less, the cheaper guitars have cheap electronics and low grade hardware that I dislike so to get a guitar that has high quality parts it cost a good buck. That said, I like Squier guitars for what they are. I do like my 2019 Les Paul Special a whole lot too!
@csnide6702
@csnide6702 Жыл бұрын
The headstock on Dean is way different . easy to tell who is what.
@BlueeyesofSkye
@BlueeyesofSkye Жыл бұрын
Gibson seems to sue American companies who produce guitars based on their designs, who have better quality instruments. This has been my personal experience and seems to be the consensus of folks who demand high quality.
@werewolflover8636
@werewolflover8636 Жыл бұрын
They’re not “better” that’s completely your opinion and nothing more!
@Traumglanz
@Traumglanz Жыл бұрын
Don't see them suing Thomann anytime soon, and neither do I see HB stopping to reimagine any good guitar design that they can find. And the guitar world is better that way.
@solacedagony1234
@solacedagony1234 Жыл бұрын
@@werewolflover8636 prs > Gibson
@lexbro
@lexbro Жыл бұрын
@@solacedagony1234 if you like sticky polyester finishes and plinky sounding pups
@michaelcosta7235
@michaelcosta7235 Жыл бұрын
@@solacedagony1234 that's your opinion. I personally find Gibson far better than the sterile PRS. That's my opinion. Unlike you, I know it's simply a subjective position.
@ricksrealpitbbq
@ricksrealpitbbq Жыл бұрын
Great video explaining just how ridiculous Gibson’s lawsuits are becoming. These lawsuits and their boy Mark have done more harm to their reputation than anything else.
@DMSProduktions
@DMSProduktions Жыл бұрын
Greasy Agnesi any1?
@herewegoagain7403
@herewegoagain7403 Жыл бұрын
what's wrong with trying to protect their designs. how these other companies innovate
@DMSProduktions
@DMSProduktions Жыл бұрын
@@herewegoagain7403 A bit much after NOT doing so for 60 odd years! Horse well & truly bolted!
@michaelgranka7904
@michaelgranka7904 Жыл бұрын
Why the hate on Mark ???
@DMSProduktions
@DMSProduktions Жыл бұрын
@@michaelgranka7904 He's a Gibson stooge!
@stealingtomorrowband
@stealingtomorrowband Жыл бұрын
I have always wanted to buy a LP but i love my PRS... I think its so crazy that Gibson just wants to overcharge and freaking sue everyone over everything...
@MustafaBaabad
@MustafaBaabad Жыл бұрын
Thanks for the discussion and make us understand the decision by the judge.
@johncarden1112
@johncarden1112 Жыл бұрын
I have a "Lawsuit" Fernandes Revival, a Strat copy. It was £360 retail in 1985, but half price as the shop was closing. It plays well.
@blueslawyer
@blueslawyer Жыл бұрын
Fernandes is good stuff. I greatly enjoy my Native (tele)
@johncarden1112
@johncarden1112 Жыл бұрын
@@blueslawyer I have another Fernandes which takes a 9 volt battery to help it sustain. I think they have a basic good build quality which makes them good to play. I picked up the sustainer at a very low price new at Guitar Guitar in Edinburgh (Scotland), maybe 12 or 15 years so.. I think it was £120 or so (new), down from maybe £300 (?).. It's been in its case for ages, you have inspired me to get it out and stick a new battery in!
@johncarden1112
@johncarden1112 Жыл бұрын
I just got it out of its case. It us an FG05 (2005 i think) in red wood with locking tuners. It has great acoustic resonance and was still in tune after several years! It does feel good for the price.
@SoonAfterOfficial
@SoonAfterOfficial Жыл бұрын
I love these videos, you explain everything very simply enough to at least get a grasp of what is being said, without the fluff of a fancy suit or over-the-top-I-know-more-about-this-than-you-do tone, you earned a sub, well done!
@blueslawyer
@blueslawyer Жыл бұрын
Thank you! That means a lot. We look forward to earning your views and comments going forward!
@cej291985
@cej291985 Жыл бұрын
Thank you so much for this video. As a lawyer who loves to play guitars, I greatly appreciate the way you explained this lawsuit. Great job!
@blueslawyer
@blueslawyer Жыл бұрын
Thank you! Comments like this make our efforts feel worthwhile. What's your favorite guitar?
@cej291985
@cej291985 Жыл бұрын
@@blueslawyer I have some PRS Guitars of my own, the Santana signature model and the Custom 24 are my favorites. I was in college when the lawsuit came about. I could never understand why Gibson targeted PRS at the time but the decision by the appellate court was really insightful. Is it true that the parties came to a settlement which is why that case never got appealed further?
@KahnuevsKrake
@KahnuevsKrake Жыл бұрын
The ridiculous part of that lawsuit is that there are many other guitar makes that blatantly copy the Les Paul and they didn't get sued. Paul Reed Smith basically took what he liked from the Les Paul and incorporated it into the design and basically paid tribute to Gibson. I think it was just sour grapes on Gibsons part.
@ebeing2955
@ebeing2955 Жыл бұрын
no, he copied the design of the guitar. thats called infringment.
@jacobbockover1628
@jacobbockover1628 Жыл бұрын
When i try to explain these gibson suits to people i tell them to look at how different brands of trucks look so close
@blueslawyer
@blueslawyer Жыл бұрын
That's a great point. On some level, all trucks have doors, beds, wheels, etc... but if you copy every design detail to make it nearly indistinguishable--what are you doing? I remember for a long time, every Hyundai looked like last year's Honda.
@jimmyheathmusic3779
@jimmyheathmusic3779 Жыл бұрын
Thanks for this informative video. As an owner of two Les Paul Standards and a PRS Singlecut, I will pay the extra for PRS. I still love my Les Pauls, but I will probably not buy another Gibson.
@blueslawyer
@blueslawyer Жыл бұрын
Thanks Jimmy!
@idijai
@idijai Жыл бұрын
Could you imagine if Martin trademarked dreadnaughts, this is pretty much what the Les Paul is
@blueslawyer
@blueslawyer Жыл бұрын
Yup... There are like 4 acoustic shapes
@flyonwall360
@flyonwall360 Жыл бұрын
I have a 1978 Takamine 12 string that is identical to a Martin. In fact, Takamine was sued for it. Even the Takamine name on the headstock used the same font as Martin.
@blueslawyer
@blueslawyer Жыл бұрын
I love my Takamine... my EN10C is fantastic.
@druwk
@druwk Жыл бұрын
Dean should just call their “V” an “A” shaped guitar
@blueslawyer
@blueslawyer Жыл бұрын
The "reverse A"...
@snap-off5383
@snap-off5383 Жыл бұрын
The Fuckin' A!
@philomelodia
@philomelodia Жыл бұрын
Gibson needs to pay more attention to the quality control and the products that they produce and stop suing people at the drop of a hat. They are offering less and less value for the price that they are demanding. You can usually get a much superior instrument for the exact same price as one of theirs if you go with another company. The Les Paul guitar produced by Eastman comes to mind.
@blueslawyer
@blueslawyer Жыл бұрын
Eastman guitars are nice! Also, you get similar history and nostalgia with the Heritage brand.
@werewolflover8636
@werewolflover8636 Жыл бұрын
That was years ago kid! Stop bringing up crap just because you heard someone else say it!
@philomelodia
@philomelodia Жыл бұрын
@@werewolflover8636 keep up with the times. This is still relevant.
@michaelcosta7235
@michaelcosta7235 Жыл бұрын
@@philomelodia no it's not. Gibson quality has made leaps and bounds since JC took over in 2019 and their sales are soaring. It's literally you who is behind.
@ebeing2955
@ebeing2955 Жыл бұрын
I am sure Gibson's legal team and their manufacturing teams are able to laser focus on their unique objectives, anyone who makes comments like this, that focus on legal concerns is distracting from manufacturing comes across as anti-gibson, probably cause they cant afford one or two.
@johnoneill919
@johnoneill919 Жыл бұрын
People are not going to go and buy a prs thinking it's a gibson, they're going to buy a prs because it's a superior guitar !
@blueslawyer
@blueslawyer Жыл бұрын
Exactly... you get inspired to get a guitar and you either go to a store to try them out and see what speaks to you or you order online. In both cases, you select with a lot of available information.
@stefanodelstef7988
@stefanodelstef7988 Жыл бұрын
Gibson should only have a trademark on the headstock. The single cut body is roughly the equivalent of the Florentine cutaway which has been used way before Gibson existed.
@dickstryker
@dickstryker Жыл бұрын
Venetian. Florentine is pointy, Venetian is rounded. PRS in fact has the Florentine and since that difference is something rhat goes back a couple hundred years in guitar design I'd say they have a pretty strong defense. Justifying their plagiarism of Gibson's more specific calling cards, mahogany and maple, set necks, chambered reliefs, LP electronic suites ect... ...that might be a harder ask.
@stefanodelstef7988
@stefanodelstef7988 Жыл бұрын
@@dickstryker Well Gibson is in for a fight they won't win... A lot of guitar makers are using the combo of mahogany and maple cap. I don't think that Gibson players are converting to PRS because of similarities but mainly due to better built quality and attention to detail.
@tompelham7035
@tompelham7035 Жыл бұрын
Good competition is always a great motivator
@thomasserrell8560
@thomasserrell8560 Жыл бұрын
It might be wiser for them to use that motivation to improve the product and/or reputation than to drag everyone into a lawsuit, no? I can hear G Harrison singing.
@stratolestele7611
@stratolestele7611 Жыл бұрын
What's funny is that around 1999-2000, when I could afford a Les Paul, I tried and tried to buy one, but the QC was so miserable - back then - I couldn't find one, under around $4k, that was worth a darn. So ultimately I ended up buying both a new 2000 Singlecut (10-top) and a new Triple Soapbar (also a 10-top). I was absolutely disgusted with Gibson. In '08, I added another Core Singlecut, but it was a 245. Fast forward to 2019 and the new Gibson leadership, I heard that "Gibson is back!" As much as I loved the PRSi, I still hadn't achieved that Les Paul tone, so I gambled and ordered a new Standard 6/19. Whew! Talk about scratching the itch. I love my burst Standard and haven't had to do anything more than change the strings on it. I still have my 2000 Singlecut (wife loves the quilt top), but I now reach for my Gibsons nowadays and they deliver in spades. Now Gibson, don't go and screw up again!
@garyslash7552
@garyslash7552 Жыл бұрын
Thank you for explaining all this. I've got a question concerning the headstock shape: How come Tokai has been using the open-book-shape for decades without being sued by Gibson? Or have they?
@blueslawyer
@blueslawyer Жыл бұрын
To the best of my research, Tokai stopped using the headstock design as well as the LP shape.
@mal1cious_
@mal1cious_ Жыл бұрын
it feels like the more valid iteration of the "smoky bar scenario" would be if said blues guitarist was actually playing a Gibson but the budding guitarist picks up a PRS single cut thinking it was the guitar being played - that said, the logic for the ruling following the scenario i dont think would change either way
@blueslawyer
@blueslawyer Жыл бұрын
In that case, the brand of Gibson isn't being diminished--the guitar shopper bought a PRS thinking it's a Gibson and purchased a very fine instrument. If they ignored the PRS logo on the head, they'd continue their lives thinking that the Gibsons were finely crafted instruments. Alternatively, if they had the chance to play both guitars at the store, reviewed the pros and cons and made the decision that the PRS best fit their playing and was in their desired price range, the shopper was not tricked into purchasing a guitar. They selected a preferred instrument. In neither scenario is Gibson truly harmed.
@lbguitar
@lbguitar Жыл бұрын
@@blueslawyer They would have to argue that PRS quality is in fact lesser than that of Gibson for this to work that way. Which they shot themselves in the foot by proclaiming that PRS produced "high quality" guitars. Honestly speaking though, I do feel for Gibson, and in a similar way, Fender as well. I've never seen an industry with such rampant design copying and having the buyers think that is totally normal. How many T-style guitars are there from various brands? And Les Paul style guitars? Just because you put the switches in a slightly different place doesn't mean the design isn't being blatantly copied. Having to look at the headstock to differentiate what brand it is is actually kind of ridiculous. Imagine if you had to do this with cars, two identical cars but you had to look at the logo to tell whats what. It doesn't exist in other industries to the extent that it does in the guitar world. Even though you see similar looking cars, you dont see dimension by dimension, fold by fold, crease by crease identical models across brands unless theres a branding agreement.
@MikeTaffet
@MikeTaffet Жыл бұрын
I agree. The real damage is Gibson losing a sale because the buyer doesn’t know better. I’m sure Gibson isn’t at all worried about accidentally selling guitars to people
@JH-ks9oi
@JH-ks9oi Жыл бұрын
I dig this channel, subscription earned
@blueslawyer
@blueslawyer Жыл бұрын
thanks! we look forward to having you around!
@roscoepcoltrane23
@roscoepcoltrane23 Жыл бұрын
I have both. The PRS may look like a les Paul but it feels and sounds nothing like one. I’m a huge fan of both. No way you confuse the two. I’m actually wanting a Heritage now.
@redwoodguitarstudio4429
@redwoodguitarstudio4429 Жыл бұрын
As for the Smoky Bar thing, you don't make bad arguments if you have good arguments. It has "sue them into bankruptcy" written all over it, I'd guess as these petty lawsuits pile up more judges will roll their eyes and say "This again, really?"
@JackTheSkunk
@JackTheSkunk Жыл бұрын
Even Blind Lemon Chitlin could tell the difference between a PRS and a Gibson just by touching the headstock. I think the bean counters at Gibson are just jealous that PRS was created on a shoestring by one young man's vision and was brought to market and proved to be a superior guitar. Do I like Gibsons...yes and I like PRS as well (especially the DGT model) but they've priced themselves out of reach for most of players.
@billbarhorst8369
@billbarhorst8369 Жыл бұрын
I think the smoky bar scenario should go like this. The guy at the bar was playing a Gibson. The audience viewer went to the music store and bought a PRS because it was the same shape roughly. The PRS turned out to be crap and gave Gibson a bad name.
@blueslawyer
@blueslawyer Жыл бұрын
Sounds about right--with the exception of Gibson acknowledging that PRS produces fine instruments. In all honesty, different guitars speak to different people. Generally, if you go to a guitar store to get a singlecut and go home with a Gibson, PRS, Heritage, Knaggs, Collings, etc that makes you happy and you are OK with the price then that's the guitar for you.
@billbarhorst8369
@billbarhorst8369 Жыл бұрын
That’s a good point. The whole argument is absurd as you said.
@teashea1
@teashea1 Жыл бұрын
well done
@glengriffiths5594
@glengriffiths5594 Жыл бұрын
Oh by the way, I have an fgn ls10 ag ( $2200) an eastman sb59 ($2200). I have tried at Leas 20 gibson lp standards in different shops. None came even close to either of these 2. At almost times the price
@kirkmckim2685
@kirkmckim2685 Жыл бұрын
Love my Gibson’s and my PRS guitars.
@blueslawyer
@blueslawyer Жыл бұрын
The one solution no one talks about is everyone should buy both guitars.
@MrJahvah
@MrJahvah Жыл бұрын
The Dean case is different from the PRS case. The PRS single cut shape ISN'T a Les Paul silhouette. It's quite different. The Dean V, however, is EXTREMELY similar to the Gibson. It's not a one to one comparison, but it is close enough to make confusion.
@ebeing2955
@ebeing2955 Жыл бұрын
That PRS looks identical to the les paul at first glance. thats what counts.
@dominicgo477
@dominicgo477 Жыл бұрын
I thought this whole single cut thing was settled over 10 years ago. How different is this one vs the previous lawsuit?
@blueslawyer
@blueslawyer Жыл бұрын
This is an explanation of that ruling. When we did this video, it was right at the first Dean ruling and there were a lot of questions on the ownership of body shapes.
@christopherlewis1847
@christopherlewis1847 Жыл бұрын
Things that crack me up about this: Gibson should take the money they are paying their lawyers and improve quality to try to catch up with PRS. Also, how many epiphone copies of fender guitars are out there. Thse days, Gibson is more of a lifestyle brand, like harley. Crap quality and high prices don't work out real well in the long term.
@sydguitar99
@sydguitar99 Жыл бұрын
I kind of get where Gibson is coming from, if I were a company who designed a product that became very very culturally significant, I would want to make sure no one would be able to take my design and make money off it. Just the fact the phrase "Les Paul copy" exists, means that Gibson's history of the guitar has a lot of positive feelings for a lot of players
@theshadowoftruth7561
@theshadowoftruth7561 Жыл бұрын
The Les Paul 2D Shape is basically the shape of most acoustic Guitars.
@victorblakey4260
@victorblakey4260 Жыл бұрын
There is an issue about the shape (and branding). It was designed by Les Paul (real name Lester Polsfuss) and, in fact, for quite a while, The Gibson guitar and mandolin company refused to actually brand them as Gibson.
@JerseyMiller
@JerseyMiller Жыл бұрын
@@victorblakey4260 I thought I heard some controversy as to whether Les Paul actually participated in the design process.
@davidburke2132
@davidburke2132 Жыл бұрын
@@victorblakey4260 I think you’re butchering history quite significantly there. The Les Paul model was always made by Gibson. There was never a time when they refused to put their brand name on that design. I believe you’re thinking about the “Log” style guitars that Les Paul cobbled together and brought to Gibson in the 1940s as technology demonstrators for solid body electric guitars encouraging them to make something like that but was sent away. Those guitars had almost nothing in common with the design of the Les Paul models that came out in the fifties and were always Gibson branded instruments. There is a bit more debate over how much Les Paul himself was involved in the design of the Les Paul model guitars, but even Les didn’t claim he brought that design to Gibson, only that he designed it with them. Gibson’s legendary President at the time, Ted McCarty told that the Les Paul model design was complete before they took it to Les Paul to approve as his signature model, and that the only real design input that Les had into the model was the finish options (Goldtop for the ‘standard’ model and ebony with gold hardware for the Custom).
@glengriffiths5594
@glengriffiths5594 Жыл бұрын
Look at how many car shapes are really similar to each other from different manufacturers
@tumadsvids
@tumadsvids Жыл бұрын
You say no one uses of messes with the open book headstock. What about current tokai les Paul's which are an identical Gibson copy?
@blueslawyer
@blueslawyer Жыл бұрын
I don't see any new Love Rock models on their website, but maybe we're wrong.
@tumadsvids
@tumadsvids Жыл бұрын
@@blueslawyer I see that now also. Thanks.
@blueslawyer
@blueslawyer Жыл бұрын
@@tumadsvids Tokai has some nice stuff though... have you played their LP copy?
@tumadsvids
@tumadsvids Жыл бұрын
@@blueslawyer yes I owned 2 until I switched to PRS
@tumadsvids
@tumadsvids Жыл бұрын
@@blueslawyer They've never shown Les Paul, SG, ES, Explorer or Flying V on a website but they still make them.
@jecos1966
@jecos1966 Жыл бұрын
So what is the percentage before you cross the line in building a product?
@blueslawyer
@blueslawyer Жыл бұрын
A reasonable jury would suggest body shapes are ok but head stocks and logos/names are a no go.
@jecos1966
@jecos1966 Жыл бұрын
@@blueslawyer how did Gibson win their lawsuit against Dean when Dean has a different headstock? BTW I'm not from USA So the laws will different here
@blueslawyer
@blueslawyer Жыл бұрын
@@jecos1966 we have a couple videos about the Dean case with a new one coming. There's some inconsistency with the rulings.
@jecos1966
@jecos1966 Жыл бұрын
@@blueslawyer So has Dean made an appeal?
@jefffritts68
@jefffritts68 Жыл бұрын
no guitar player will confuse gibson, prs
@blueslawyer
@blueslawyer Жыл бұрын
Exactly... even if you were a guitar noob, you could easily see the name on the headstock.
@jefffritts68
@jefffritts68 Жыл бұрын
@@blueslawyer the single cut shape is just the most basic most functional shape.
@blueslawyer
@blueslawyer Жыл бұрын
Exactly. Is like cars and trucks can really only look a certain number of ways
@MikeArwineGuitar
@MikeArwineGuitar Жыл бұрын
I have a Japanese Burny 335 that has the exact headstock as the Gibson, complete with the open book design. I could be incorrect, but I haven’t heard of Gibson suing Bruney\Fernandez……yet! 😂
@ebeing2955
@ebeing2955 Жыл бұрын
those are known as Law Suit models. I doubt you can import one today.
@MikeArwineGuitar
@MikeArwineGuitar Жыл бұрын
@@ebeing2955 I’m military. Just put it in my household goods! Easy peasy, lemon squeezie! 😉
@Jay-nu1bk
@Jay-nu1bk Жыл бұрын
Gibson's brand value is in the quality of the guitar that they sell to to consumer. If they are so worried about up and coming competition, instead of wasting money on lawyers how about putting the money into R&D and keep improving to keep the quality gap and in turn keep the "top spot". Most consumers of high end guitars like Gibson's are buying for the tone 1st and looks 2nd. Kids in smoky bars wanting to learn generally get a Squier, Ibanez, Jackson.
@blueslawyer
@blueslawyer Жыл бұрын
A Gibson Custom would never step foot in a smoky bar for fear of losing resell value
@univalve1
@univalve1 Жыл бұрын
my take is this: if PRS wants to be its own brand then make your own guitar. instead they make their own and make strats and les pauls. i like both and own both. but i own a McCarty guitar, their guitar, not their copies of fender and gibson.
@LordStevie
@LordStevie Жыл бұрын
Gibson also sued Heritage guitars and basically lost. I’m friends with the lawyer that represented Heritage, and they settled that Heritage would stop putting the ring around the pickup selector, and one other small change to their guitars.
@blueslawyer
@blueslawyer Жыл бұрын
That's excellent. You should check out our Heritage Guitars video... with that in mind, would you be open to connecting us with your friend so we can do a follow-up video? blconfessional@gmail.com
@JoeDread316
@JoeDread316 Жыл бұрын
PRS makes a much better Les Paul type guitar, the McCarty 594. Love them. Best guitar I've ever owned.
@paisteplayer1040
@paisteplayer1040 4 ай бұрын
Gibsons design with TED Mccarty's name on the patent of that guitar. The LP body shape patent does not have Gibson's name on it anywhere
@CeresKLee
@CeresKLee Жыл бұрын
How did Gibson trademark the shape of Les Paul in 1988 when they have been making them since 1952? It there no statue of limitations on applying to a trademark? Can the estate of Antonio de Torres Jurado get a trademark on the modern classical guitar from the 1850's?
@blueslawyer
@blueslawyer Жыл бұрын
We'll have to dig into the world of classic designs and the implications. Thanks for the comments!
@mikeb5372
@mikeb5372 Жыл бұрын
It's funny that Gibsons take so much heat over quality. I'm not familiar with them in the last 15 years but the 3 Les Pauls that I bought near year 2000 were excellent. No quality issues and no tuning issues. They were also light-years better than any of the Epiphone I've ever played. So many great guitarists have used them and shaped the musical landscape with them that it surprises me that dissing on them doesn't make much sense to me. They must have really fallen apart in the last decade or so
@blueslawyer
@blueslawyer Жыл бұрын
It's a mix of other brands providing players more choices, Gibson having known QC issues (original Murphy Lab paint), epic model failures (Firebird X, robot tuners), Gibson being bought by a hedge fund, and now this litigious strategy. That being said, other brands are struggling with QC as well... Check out Solar guitars, for example.
@fabian7463
@fabian7463 Жыл бұрын
Ive heard so many stories of Gibson suing too many companies.
@Halliday7895
@Halliday7895 Жыл бұрын
Think the Smokey bar scenario hurts Gibson brand if the budding player can't find the design colors and layout in Gibson form and is confused bc they never realized it wasn't a Gibson offering to begin with. It's a prs. So the similarity breeds confusion when going to buy a look you liked that you thought you saw. It happens .
@stormbringer1876
@stormbringer1876 Жыл бұрын
So a Gretsch Jr Jet and say EVH or Music Man Axis... or even a Taylor (2 D shape right?) Are what?
@blueslawyer
@blueslawyer Жыл бұрын
Presumably because Ernie Ball and Fender are too big to bully.
@paintnamer6403
@paintnamer6403 Жыл бұрын
Smokey bars? More like I'm so drunk I can't tell what guitar they're playing!
@blueslawyer
@blueslawyer Жыл бұрын
Only guitar players care what guitar the guitar player is playing. I'm the weirdo who goes to the stage to critique their pedalboard.
@BluegillGreg
@BluegillGreg Жыл бұрын
Vee is a silly design... well, yeah, sure, of course. But which woould you rather lean against a wall or an amp: Vee or Explorer?
@blueslawyer
@blueslawyer Жыл бұрын
Triangle is the strongest shape.
@werewolflover8636
@werewolflover8636 Жыл бұрын
Gipson has every single right to do whatever it wishes to protect its company and at the very least I know when I buy a Gipson it would be made in the USA and not cheaply mass produced overseas! Unlike most of the those leaving comments here I actually care about keeping American made guitars in America that provide jobs for Americans!
@shawnmcginnis2508
@shawnmcginnis2508 Жыл бұрын
Yup as an American manufacturing worker I like that idea to. That said if I make a product to compete in the high-end market and it has multiple QC issues then I deserve to loss the job to another company that can do it better for the same price. It wouldn't be my customers fault for sourcing through somebody else. It would be mine for giving them a reason to. Gibson lost my respect by making a product not worthy of my respect. When your guitars quality looks like what you'd expect on a $500 guitar and you ask 2500- 4000 for it. Yup you lost a purchase from me.
@musicmason
@musicmason Жыл бұрын
@Werewolf Lover - Who is this "Gipson" company you speak of? I need to check them out. Maybe you could sell me one of your awesome "Gipsons"?
@StraightRocketFuel
@StraightRocketFuel Жыл бұрын
Officially selling my Les Paul and buying a PRS
@blueslawyer
@blueslawyer Жыл бұрын
What year and how much?
@draganbalzic4493
@draganbalzic4493 Жыл бұрын
Did somebody forget to tell BC Rich that there are are only so many body shapes? Seems like they offered 20+ over the years.
@SHENDOH
@SHENDOH Жыл бұрын
Smokey bar? Damn
@TheKevinNewsom
@TheKevinNewsom Жыл бұрын
Seems like a fair ruling. Perhaps Gibson can get back to focusing on quality/affordability.
@Axe_Slinger
@Axe_Slinger 10 ай бұрын
I think they called it the "smokey-bar theory of confusion"!
@blueslawyer
@blueslawyer 10 ай бұрын
I'm pretty happy that I don't ruin my gear and lungs as much now that you can't have smoking inside venues
@Axe_Slinger
@Axe_Slinger 10 ай бұрын
@@blueslawyer Amen! Every Guitar I gigged with that had white binding is now a yellowish brown.....and I do smoke just not around my instruments!
@johnbevilacqua6751
@johnbevilacqua6751 Жыл бұрын
I don't get why people bring up the price of the Gibson guitar as a justification for invalidating Trademarks. It's like saying that I can't afford a Mercedes Benz so I will build my own copy and sell it as an MB copy. How do you think MB would react, or Ford or GM or anyone else. Fender is in exactly the same dilemma as Gibson since there are so many knock offs of Strat and Tele guitar shapes. The mistake that these awesome brands did was to allow others to copy and did not take vigorous action right at the start.
@tomasvanecek8626
@tomasvanecek8626 Жыл бұрын
I play electric guitars since 1972. Gibson guitars gave me all I ever needed and cared for. Fenders too. I tried to like PRS for so many years-- to see what the hype is all about, birds and all.. but mostly the sound and feel of the guitar .. Sadly, all I found was that it was as exciting as my old ex was. Those PRS I´ve played never gave me the willies 🙃 Cold and uninspiring. Shitty pickups, but Korean quality.
@blueslawyer
@blueslawyer Жыл бұрын
Jokes about your ex are always welcome!
@tomasvanecek8626
@tomasvanecek8626 Жыл бұрын
@@blueslawyer Thats the way it goes.. sorry :) But guitars are a serious matter.. thats why I never got rid even of the oldest one
@blueslawyer
@blueslawyer Жыл бұрын
@@tomasvanecek8626 guitars are always there for you :)
@tomasvanecek8626
@tomasvanecek8626 Жыл бұрын
@@blueslawyer So right... cos they never have a "headache" ;)
@nobody3541
@nobody3541 Жыл бұрын
I have a PRS single cut and a Les Paul. I gave the Les Paul to my son and kept the PRS. Guess why?
@blueslawyer
@blueslawyer Жыл бұрын
Because you love your son very much?
@oneszeros1
@oneszeros1 Жыл бұрын
did you say Circus or Circuit?
@blueslawyer
@blueslawyer Жыл бұрын
Nice one
@johnherbison5154
@johnherbison5154 Жыл бұрын
The video states that Nashville is in the Fifth Circuit. That is incorrect. Gibson sued PRS in U.S. District Court for the Middle District of Tennessee in Nashville. The district court ruled in favor of Gibson. PRS appealed to the SIXTH Circuit Court of Appeals, which reversed the district court´s decision.
@blueslawyer
@blueslawyer Жыл бұрын
Matt may have read that wrong and I missed it in the edit. We'll double check and if you're right, you'll get a shout out in the follow-up video!
@johnherbison5154
@johnherbison5154 Жыл бұрын
@@blueslawyer The Sixth Circuit opinion is reported at 423 F.3d 539 (6th Cir. 2005). The district court opinion is at 311 F. Supp.2d 690 (M.D. Tenn. 2004).
@costrio
@costrio Жыл бұрын
Gibson is like IBM, perhaps? Too big to compete but not too big for inovators to outperform? Will Apple make guitars next, I wonder. Right now, the electric guitar seems to be a growing cottage industry as people are buying and selling kits and hobbyists on the internets (and salespersons too) are giving set up tips to improve the playability of the cheaper model guitars. IMO, an accoustic guitar has a bigger effect on the tone of the music than an electric guitar which sounds like whatever the amplifier and/or foot pedals adjustments are, IMO. I believe that the cottage industries will grow and put some of the big guns back in their starting places, perhaps?
@blueslawyer
@blueslawyer Жыл бұрын
Gibson is definitely hamstrung by historical purists and tradition.
@TOBORtheMighty
@TOBORtheMighty Жыл бұрын
Strange that Gibson can own the trademark to a shape that was in use before the Les Paul existed.
@blueslawyer
@blueslawyer Жыл бұрын
Ah you watched the JHS video about the Bigsby Travis?
@TOBORtheMighty
@TOBORtheMighty Жыл бұрын
@@blueslawyer Hah! Maaaybe.
@blueslawyer
@blueslawyer Жыл бұрын
@@TOBORtheMighty most excellent. We have some research to do with some details that will hopefully clear some things up.
@danielmims8467
@danielmims8467 Жыл бұрын
Prs should've sued when gibson put out those double cutaway Paul's. Those things are weird looking . What's the truth behind the gibson v matsumoko or Martin v Takamine in the 80s ? I have a "lawsuit" 85 Takamine g330 and it's pretty much identical to a d 18 , my favorite guitar I own . I like it better than my d 18 . I always thought it was ridiculous that a American company could sue a Japanese company but I never knew.
@blueslawyer
@blueslawyer Жыл бұрын
Takamines are finely crafted works of art.
@danielmims8467
@danielmims8467 Жыл бұрын
@@blueslawyer do you know anything about those Martin v Takamine lawsuits or the gibson v aria ones? I know there was a judgements on takemine because they were using the same type face font on the headstock as c.f. Martin.
@robertprice5039
@robertprice5039 Жыл бұрын
All I know is the only Les Paul, that I played, that a like better that my PRS SE Bernie Marsden was an R8, never mine a US built PRS.
@seeker7774
@seeker7774 Жыл бұрын
The Gibson headstock shape is a “cupid’s bow”. It’s common wood working design that is thousands of years old and used all over the world. They should never be allowed to copyright or patent that.
@blueslawyer
@blueslawyer Жыл бұрын
The argument is that the headstock shape is iconic and identifiable as their brand. That being said, I have a Firebird that has a completely different head and the Explorer has a completely different head as well. *shrug*
@michaelcosta7235
@michaelcosta7235 Жыл бұрын
You missed a very important fact here. Gibson is under new ownership and the new owners can attempt to assert control over their designs and trademarks. They have a small window to do so before they fall victim to what cost Gibson previous suits because they didn't vigorously defend them in the past.
@blueslawyer
@blueslawyer Жыл бұрын
I swear Matt noted in one of the videos the hedge fund that owns Gibson.
@kaushalsuvarna5156
@kaushalsuvarna5156 Жыл бұрын
Hate for Gibson aside, the duplicate market was really bad in India, for over 20 years we've had a company called Givson, and new buyers have no idea how costly Gibson is, or generally guitars are What was funnier is there was a brand Hobner, and about a decade back we got a Hobmer, the story on the street being that the two brothers split and the other formed this brand It was only when I bought a Hofner 7 years back that I realised this was the original and Hobner was a duplicate all along And now we have a duplicate of a duplicate 😅
@delamar6199
@delamar6199 Жыл бұрын
Well, when a core Singlecut with a (subjectively) sexier design and better build quality than most out of even Gibson's Custom Shop, I would be upset too :D
@edwardbelcher8612
@edwardbelcher8612 Жыл бұрын
Gibson should do more to insure that they make their products to higher standards then other brands to justify the premium cost. They continue to be notorious for sub-par production practices and letting quite a few quality issues go out the door unchecked to the point where anybody in the know really wants to handle their products in person before a purchase. They focus way too much on getting rid of competition rather than making better products hell, some Epiphone products are made better than the Gibsons that they are copies of lol.
@blueslawyer
@blueslawyer Жыл бұрын
It would probably be a good move to add an outside Quality Assurance element that reviews what's been approved by internal QC. That way they get a feedback loop and the customers have the extra assurance of quality. Sweetwater does their own presale check, but that only goes so far.
@TexanUSMC8089
@TexanUSMC8089 Жыл бұрын
How many shapes can there be? It's an hourglass shape with one cutaway. As long as the dimensions aren't exactly the same, what can they do? Some of these law suits have been ridiculous. It's like GM taking Kia to court because their car has a hood, trunk, and four doors. It's pretty hard to beat a PRS 245. Especially the SE models for $700.
@ebeing2955
@ebeing2955 Жыл бұрын
Im sorry, are you comparing a korean import to an American made instrument?
@steveymoon
@steveymoon Жыл бұрын
This is so confusing. Think about Tokai, Patrick Eggle Macon, Heritage Standard, Gil Yaron Bone, Frank Hartung, Maybach, etc etc. These are guitars that look EXACTLY like a Les Paul. Why isn't Gibson concerned with those manufacturers? The PRS Single Cut has many differences.
@blueslawyer
@blueslawyer Жыл бұрын
Check out our Heritage video :)
@fishingfreak9734
@fishingfreak9734 Жыл бұрын
It's kind of like MLB saying only Rawlings baseballs can be round, not Wilson, Dudley or any other brand is allowed to be round.......Question; Is the lawsuit because PRS (higher end) is made in the USA and not foreign made ??
@blueslawyer
@blueslawyer Жыл бұрын
Location plays a part
@davidburke2132
@davidburke2132 Жыл бұрын
It’s really nothing like that at all! 🤣🤣🤣 For a start an electric guitar doesn’t have to be the shape of a Les Paul to be functional. Small changes to the shape can protect one from trademark infringement (as this PRS case demonstrated) and the guitar is still just as valid as an instrument - small changes to the shape of a ball would destroy its function. But more fundamentally, Rawlings, Wilson, etc. did not invent the ball shape! They have no trademark rights in it as a result. Gibson invented and popularised the Les Paul body shape and as such they have a right in, or at least a claim to, the trademark to that design.
@petesmith6434
@petesmith6434 Жыл бұрын
PRS guitars are so much higher quality and better sounding guitars than Gibson made guitars. I have been a professional musician since 1967 and have owned Gibson guitars (as well as guitars made by most major guitar manufacturers) and began playing PRS guitars 10 years ago…they are my go-to guitars at least 75% of the time today. Gibson must sue every one of its competitors since their guitar’s quality and sound no longer is good enough to attract professional guitarists.
@blueslawyer
@blueslawyer Жыл бұрын
You can't beat Maryland quality
@werewolflover8636
@werewolflover8636 Жыл бұрын
LOL sure!
@petesmith6434
@petesmith6434 Жыл бұрын
@@werewolflover8636 I have been a recording musician for 53 years. In the 60s through the 70s the vast majority of professional guitarists played Fender, Gibson, Rickenbacker, and Gretsch guitars. But three three guitars most everyone brought to the studio was a Telecaster, a Stratocaster and.a Les Paul. Back the, all three of those guitars were well made and had “the sound” that producers were looking for. Starting in the 80s, with Metal becoming more popular other guitars, like those made by Dean, started to become popular with metal guitarists. Then, in the late 80s and 90s, both Fender and Gibson quality started to slide and new competitors, like PRS, arrived on the scene. PRS in particular started attracting “A” list professionals and they were bringing them into the studios with them. This is how their popularity started to grow quickly, one musician spreading the word to others in studios all over the US and other countries. Paul Smith was a great experimenter and listener, he welcomed feedback from everyone who offered it…and most importantly, took it into real consideration. That has led to the development of a line of instruments that are truly the best made and which have the best tone of any guitars available…including custom one of a kind luthier made guitars in my experience. I was late to the PRS game. I own a number of “vintage” guitars, including Les Pauls. While they are great guitars (as long as the get proper care and maintenance), I much prefer my PRS guitars. I am largely retired now (being over 70) and have started giving guitars to my grand kids (several of which are also gigging and recording musicians)…but my PRS guitars will be the last ones to go…once I’m dead! PRS guitars just have a quality feel, playability and tone that no other guitar has…in my opinion.
@metricdeep8856
@metricdeep8856 Жыл бұрын
Sold my LP Custom. Going to buy a PRS or a Suhr. Cuz they are better guitars.
@blueslawyer
@blueslawyer Жыл бұрын
You've got some good money to play with after selling an LP custom. What are you thinking of in the PRS or Suhr catalog?
@FortessofShred
@FortessofShred Жыл бұрын
I used to love Gibson. Now I wish they'd go out of business. I've been playing 35 years. Never heard anybody confuse POS PRS and greedy Gib$on.
@JamesTMarsh
@JamesTMarsh Жыл бұрын
I PRS my case your honour
@blueslawyer
@blueslawyer Жыл бұрын
Zing!
@toonew24
@toonew24 Жыл бұрын
Nope. Tennessee is in the 6th Circuit, not the 5th Circuit. The United States Court of Appeals for the Sixth Circuit covers appeals from U.S. District Courts including the Eastern District of Tennessee, the Middle District of Tennessee and the Western District of Tennessee.
@blueslawyer
@blueslawyer Жыл бұрын
Yes that was an error
@cowhidemusic8904
@cowhidemusic8904 Жыл бұрын
Shit....I bought this single cut guitar and it stays in tune.....must not be a Gibson.....I got tricked.....damn you PRS!
@blueslawyer
@blueslawyer Жыл бұрын
Take it back to your tech and hopefully they can snap the headstock for you so you can get the authentic experience
@son0fsocal
@son0fsocal Жыл бұрын
I decided to get the PRS because it plays 100 times better , QC is way better and it plays and feels so great, and sounds better too..
@blueslawyer
@blueslawyer Жыл бұрын
Which one did you get?
@micahwatz1148
@micahwatz1148 4 ай бұрын
I think Vs are the least ridiculous shape. Its the best shape for the human body
@blueslawyer
@blueslawyer 4 ай бұрын
It has that helpful elbow nook at the end so you can play standing up with your guitar up at your nipples as God intended.
@micahwatz1148
@micahwatz1148 4 ай бұрын
@@blueslawyeryou can shred three note per string runs up high when you pro it up on your leg. Cant do that with a les paul or a strat...easily
@jonhelmer8591
@jonhelmer8591 Жыл бұрын
But you're not allowed to smoke in bars anymore.
@blueslawyer
@blueslawyer Жыл бұрын
That makes me so happy. Everything used to smell like smoke at the end of the night.
@davidburke2132
@davidburke2132 Жыл бұрын
This case was 25 years ago. Bars were quite different back then.
@SubutaiTuul
@SubutaiTuul Жыл бұрын
i mean.. Gibson doesnt even give you a Vintage correct long neck Tenen on their expensive "standard" 50/60's les pauls.. ud think something thats called the "standard" would offer all the Authentic details a les paul is supposed to have. no surprise they lost the lawsuit when they cant even do basic logic on their guitars..
@blueslawyer
@blueslawyer Жыл бұрын
It would be neat if they offered a "vintage exact" model that was built exactly like they did in 1959.
@SubutaiTuul
@SubutaiTuul Жыл бұрын
@@blueslawyer yea but if they do that its probably going to cost 4-5k because reasons i guess
@blueslawyer
@blueslawyer Жыл бұрын
Guitar costs are generally in QC, finishing, and handcraft time. The cnc machines are all the same. If I were in charge, I'd hire an outside quality control group that does the checks like they do at Sweetwater, but before it goes out of the shop.
@davidburke2132
@davidburke2132 Жыл бұрын
@@blueslawyer they do. It’s a Custom Shop model. It would be commercially naive in the extreme to put all of the same features onto a USA ‘production’ instrument.
@voodoogcarlos4393
@voodoogcarlos4393 Жыл бұрын
Gibson sueing other guitar companies is like Trash talking other racers and sayin you're gunna win by a mile, then you lose by two...Then calling foul, they cheated.
@lumberlikwidator8863
@lumberlikwidator8863 Жыл бұрын
I believe that Gibson patented the entire LP guitar in about 1954 when the wraparound bridge replaced the ill-advised trapeze tailpiece. There is a reproduction of the patent drawing for the stopbar in a book by AR Duchoissoir, and the wording clearly states that the patent application is for the guitar as well as the bridge. So, even if the patent was renewed, I think it would have expired in approximately 1982. I'm no lawyer, but I think I understand the difference between a patent and a trademark. If the lawyers for PRS and Dean brought in Gibson's 1954 patent application for the wraparound bridge and the guitar it was designed for, I think this childish behavior by Gibson would end in about one day. Trying to prevent anyone else from building single-cutaway electrics is comparable to the Ford Motor Company trying to stop anyone else from making sedans with four wheels. All these Gibson lawsuits are frivolous, should be thrown out of court, and Gibson should be censured for abusing the court system. BTW, I believe the title of the book is Gibson Electrics: the Classic Years. Similarly, Gibson patented the shapes for the Explorer, Flying V, and the Moderne in about 1957, and they should be able to be copied by anyone who wishes, without being bullied by Gibson.
@blueslawyer
@blueslawyer Жыл бұрын
I'm not sure anyone will ever copy the Moderne :(
@kaushalsuvarna5156
@kaushalsuvarna5156 Жыл бұрын
I don't know if the lawyer made the smoky bar argument backwards, shouldn't it have been that someone buys a PRS after listening to a Gibson
@blueslawyer
@blueslawyer Жыл бұрын
Either way it's a bizarre argument: see a PRS, buy a Gibson--Gibson gets a sale. See a Gibson, buy a PRS--person liked the Gibson on stage but after careful consideration and trying it out in the store, PRS was the better value to that buyer.
@kaushalsuvarna5156
@kaushalsuvarna5156 Жыл бұрын
@@blueslawyer ya get your point but not everyone is aware, as mentioned in my other comment, often people, especially newbs, will buy on brand/look
@angusorvid8840
@angusorvid8840 Жыл бұрын
I'd be disappointed if I bought a double cut Gibson thinking it was the PRS I saw a great player wielding in a smokey bar. Because I wouldn't want to buy a low-quality guitar.
@blueslawyer
@blueslawyer Жыл бұрын
Presumably, you'd try it out in a store.
@karmicselling4252
@karmicselling4252 Жыл бұрын
At the end of the day, the only entity that is going to make any money out of these situations are the legal practicioners representing the litigants. At the end of the day, a Gibson is a Gibson and a PRS is a PRS. If both instruments are of similar quality, which one is most likely to retain its value over several decades? The answer should be obvious is history is any guide.
@blueslawyer
@blueslawyer Жыл бұрын
I always like to buy guitars to play as opposed to looking at them as investments.
@stivennolasco706
@stivennolasco706 Жыл бұрын
How dumb is the guy going to be at the bar you can tell from a mile away by the headstock o yeah I’m just going to spend 3 to 4 k on a guitar I can barely see smh lol
@blueslawyer
@blueslawyer Жыл бұрын
Are they confused that the name has Paul in it?!? Haha.
@admiralkrankandhismightyba158
@admiralkrankandhismightyba158 9 ай бұрын
Confusion wouldn't just be harm to the brand due to association with an inferior product, but also confusion that allows one to make money of off another's mark. That is dilution of the value of the mark as the owner's IP. No? Anyway, as a licensed attorney, the idea that shapes and colors are marks is stupid law, especially functional guys shapes, a patent for which would be long expired.
@blueslawyer
@blueslawyer 9 ай бұрын
Great points! The law is stupid sometimes. We will discuss your notes in an upcoming Viewers Comments video.
@admiralkrankandhismightyba158
@admiralkrankandhismightyba158 9 ай бұрын
@@blueslawyer I can't wait to watch it.
@ttestates1
@ttestates1 Жыл бұрын
Most important thing is, Both companies are ridiculously Overpriced!
@blueslawyer
@blueslawyer Жыл бұрын
They cost what people are willing to pay...
@davidburke2132
@davidburke2132 Жыл бұрын
They also cost what instruments made in expensive places like the USA cost to make, to cover USA business overheads and to make a reasonable profit. So many people who criticise Gibson prices are also the ones who refer to them going into bankruptcy protection just a few years ago - can’t really have it both ways… if they were struggling to make a profit back then (with broadly similar pricing as now taking inflation into account) then we need to accept that their pricing is in line with their production costs. Let’s recognise that you can’t make and sell US guitars for comparable prices to Chinese, Indonesian, Mexican, or even Korean and Japanese guitars. It’s fine not to see value in US manufacture, but it’s not reasonable to expect US made guitars from the likes of Gibson, PRS and Fender (whose guitars are all very similarly priced when we consider similar spec instruments) to be priced at or close to the prices of guitars made in other parts of the world.
@davidjanzen5728
@davidjanzen5728 Жыл бұрын
GIBSON! The Amber Herd o guitar companies!!!!!
@wesleyalan9179
@wesleyalan9179 Жыл бұрын
🤣😂👍
@RachelsSweetie
@RachelsSweetie Жыл бұрын
Do smoky bars still exist? Where I live bars have been smoke-free for nearly two decades which has meant my asthmatic wife can come see me play and my guitar doesn't smell like an ashtray after a show.
@blueslawyer
@blueslawyer Жыл бұрын
I'm so happy about that. It was terrible back in the day.
@csnide6702
@csnide6702 Жыл бұрын
Gibson is sue happy but I hate PRS.... i have yet to see a PRS that wasn't overpriced. I have yet to see why I would need one.
@blueslawyer
@blueslawyer Жыл бұрын
PRS puts in a lot of time and money in craftsmanship and QC. If you want a "not overpriced" PRS, check out their SE models.
@csnide6702
@csnide6702 Жыл бұрын
@@blueslawyer sorry, i'll stick with my '69 Mustang & Squire Strat. I can do anything I need with those -- in the market for an acoustic though.....
@LordStevie
@LordStevie Жыл бұрын
In the “Smokey bar scenario” the budding guitarist goes to the guitar store and will likely buy the Gibson because it’s less expensive than the PRS.
@ebeing2955
@ebeing2955 Жыл бұрын
The Gibson smells better, when in doubt Steve, always follow your nose.
@DMSProduktions
@DMSProduktions Жыл бұрын
NO1 uses the 'open book' shape? Hello TOKAI, J&D, Chibson?
@blueslawyer
@blueslawyer Жыл бұрын
Chibson is an amorphous entity. Legitimate brands don't mess with the open book head shape.
@DMSProduktions
@DMSProduktions Жыл бұрын
@@blueslawyer I know, but I DID mention brands LIKE Tokai & J&D! They use this shape also!
@blueslawyer
@blueslawyer Жыл бұрын
Location matters, presumably. I wonder when Gibson will go after Harley Benton
@DMSProduktions
@DMSProduktions Жыл бұрын
@@blueslawyer Haha! WHO knows? But I think HB's shapes are derivative enough that you CAN'T confuse an HB SC-450 for a GIBSON 'Les Paul!' Usually something like 7% difference is enough! THAT being said, I have a Tokai copy of a Rick 330. It is the CLOSEST you'll GET without Rickenbacker on the head stock! Uses the model 'Rebelrocker' on the head stock! And you KNOW how vigorous Rick are with THEIR designs, (UNLIKE G or F have been over the past 60 odd years!) They did a C&D on Tokai in China! they did a 330/6, a 330/12 & a 4003 style bass! You can no longer GET them!
@jasonlewis5350
@jasonlewis5350 Жыл бұрын
The smoky bar scenario is the epitome of a paper theory. On paper, it’s possible. In reality it’s highly improbable and is banking on the buyer - who’s set to spend $2500 + on a new guitar - to be completely ignorant of guitar brands partnering with either an ignorant salesperson in a guitar shop who also doesn’t know the difference between Gibson and PRS, or the ignorant person miraculously searching for “PRS Singlecut” rather then “Les Paul” for example. This is absurd in every way and why after 30 + years of playing Gibson Les Pauls I switched to PRS. I think Paul would actually be humbled by someone “copying” his designs rather than suing. Probably because he knows the quality of his work is what matters and what they’re trying to replicate. I’m pretty sure no one has ever tried to copy Gibson’s “quality of work “. Just saying.
@blueslawyer
@blueslawyer Жыл бұрын
Exactly. If someone ends up getting a Gibson instead of a PRS, Gibson gets the sale. If they end up buying the PRS, that means they went to the store and tried it and liked it better. It's possible someone takes a chance on a PRS SE online vs ordering a Gibson Studio or Special but then they have the whole internet to do research and make a decision... There's no brand confusion and the buyer is far removed from any smokey bar (which is banned in most states anyway)
@jasonlewis5350
@jasonlewis5350 Жыл бұрын
@@blueslawyer 100% agreed. I just found the channel this morning and subbed. Good stuff.
@blueslawyer
@blueslawyer Жыл бұрын
@@jasonlewis5350 thank you for your support!
@lawrencefranck9417
@lawrencefranck9417 Жыл бұрын
Anyone spending $800-6000 for a guitar knows what they are buying. Gibson wasn’t the first to use a cutaway or double cutaway.
@blueslawyer
@blueslawyer Жыл бұрын
Unless it's online :p
@davidburke2132
@davidburke2132 Жыл бұрын
And these trademark lawsuits are not about how many cutaways there are on a design. Trademark law is much more nuanced than that. Gibson does not own, and no matter what anyone tries to say is not trying to claim it owns, the trademark to the single cutaway electric guitar. Gibson’s registered guitar shape trademarks (and they hold a number of such official trademark registrations in the USA) include a guitar outline image as part of the trademark registration precisely because the shape that is being trademarked is nuanced and small details matter with respect to breach, and indeed avoiding breach, of those trademarks.
@michaelhaller8495
@michaelhaller8495 Жыл бұрын
Artist guitars Australia reproduce PRS, Fender and Gibson clones with better quality control for 25% of the prices. There shouldn’t be valid any patents from 50 years ago.
@blueslawyer
@blueslawyer Жыл бұрын
I have a hard time believing the Artist Cimmerian is of comparable quality at $175, but maybe I'm a snob.
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