Author Topic: Could gibson bring a suit against Alembic?  (Read 959 times)

jacko

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Could gibson bring a suit against Alembic?
« on: March 15, 2017, 04:39:21 AM »
just been made aware of this Judgement giving Gibson exclusive rights to their explorer bodyshape..

http://www.mi-pro.co.uk/news/read/gibson-confirms-exclusive-rights-to-trademarked-guitar-designs-in-legal-dispute-with-jhs/022100

IMO it's not lightyears away from the Exploiter bodyshape  :-\



Graeme

lbpesq

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Re: Could gibson bring a suit against Alembic?
« Reply #1 on: March 15, 2017, 08:54:34 AM »
I did a little more digging into this story.  It appears that Gibson and JHS reached a settlement.  In that situation, the settlement applies to JHS only.  If order for Gibson to prevail in a lawsuit against  Alembic, (perish the thought!), Gibson would have to prove that consumers were confused about the true manufacturer.  Personally, I think Gibson would have a very difficult time proving people were buying Alembic Exploiters thinking they were Gibsons.

Bill, tgo (who took copyright law in law school from the Beatles lawyer - great stories!)

cozmik_cowboy

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Re: Could gibson bring a suit against Alembic?
« Reply #2 on: March 15, 2017, 10:57:10 AM »
And if Henry wanted to go that route, I think there are other companies with a higher output & closer, um - "inspiration" shall we say?  - from the Explorer he'd go after first

Peter
"Is not Hypnocracy no other than the aspiration to discover the meaning of Hypnocracy?  Have you heard the one about the yellow dog yet?"
St. Dilbert

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gtrguy

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Re: Could gibson bring a suit against Alembic?
« Reply #3 on: March 15, 2017, 11:36:31 AM »
Pretty funny considering Gibson/Epiphone have certainly made strat shaped guitars themselves.

5a quilt top

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Re: Could gibson bring a suit against Alembic?
« Reply #4 on: March 16, 2017, 09:47:46 AM »
This is similar to the Gibson / PRS legal issues re: Les Paul vs. Singlecut body shapes that surfaced a few years ago.


As customer who owned both, I was contacted via phone for an interview by PRS and was asked the specific question: "When you made your purchase, were you at all confused by the similarity of the body shapes?".


To which I responded: "Absolutely not. I purchased each instrument because of its specific capabilities. To me, they both look, sound and feel completely different from each other".


For additional proof, try to fit a Singlecut into an LP case (and vice-versa).


At the time, I thought it was a nuisance lawsuit and was disappointed to learn that PRS could not sell or promote the Singlecut model while it was going on, but Gibson was not similarly restricted re: the LP.


So I agree - I do not think a knowledgable customer would be confused by any perceived visual similarity between the Exploiter and Explorer.

gtrguy

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Re: Could gibson bring a suit against Alembic?
« Reply #5 on: March 16, 2017, 12:27:12 PM »
Maybe my old Washburn A15 will go up in value now?

gtrguy

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Re: Could gibson bring a suit against Alembic?
« Reply #6 on: March 16, 2017, 12:37:20 PM »
Some other styles that are similar:


http://www.edroman.com/featured/explorersnothers.htm


Note; I am not promoting this persons site in any way. These images are just for your own entertainment !!

pauldo

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Re: Could gibson bring a suit against Alembic?
« Reply #7 on: March 16, 2017, 02:23:52 PM »
Why does the "copy of the John Entwistle Explorer by Ed Roman" have an Alembic logo on the V headstock?  Are they insinuating that Alembic copied Ed Roman's design???

mica

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Re: Could gibson bring a suit against Alembic?
« Reply #8 on: March 16, 2017, 04:13:29 PM »
Why does the "copy of the John Entwistle Explorer by Ed Roman" have an Alembic logo on the V headstock?  Are they insinuating that Alembic copied Ed Roman's design???


HAHAHAHAHAHAHAHAHAHAHAHA!

Oh sorry, but that was good one.

mica

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Re: Could gibson bring a suit against Alembic?
« Reply #9 on: March 17, 2017, 10:22:38 AM »
I think this was actually back when Ed Roman was a dealer and maybe this bass was for sale there.

keith_h

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Re: Could gibson bring a suit against Alembic?
« Reply #10 on: March 17, 2017, 01:51:38 PM »
And we all know Ed never would have taken credit for another's work.

lbpesq

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Re: Could gibson bring a suit against Alembic?
« Reply #11 on: March 17, 2017, 04:43:22 PM »
or, at least, not anymore!

hehehehe

bill, tgo