GMW kelly for Michael Sweet

[Chad]

. Double post. Why is this forum so whacked lately?

[Chad]

Isn't the laws now geared towards actual names on the headstock instead of body shapes? Not saying this is so, just what I've heard.

Looking at guitar manufacturer litigation in recent years, it appears the most important things are headstock shapes and brands/models. Not so much body shapes. For example, Gibson vs PRS set precedent and opened the floodgates for the Les Paul body shape to be used freely. But the Gibson headstock shape, Gibson brand name, and Les Paul model name are hands-off.

[artonsafari]

Saw a Metalhead to Head video with Skolnick and Sweet. Michael mentioned the Les Paul shape and Alex corrected him saying the body is based off the Eclipse, but the body is thicker to emulate the tone of "vintage" models. Not exact words but Alex did not say Les Paul.

[mr426]

Why did he just not get a Jackson Kelly?

[ralph]

that graphic sucks balls compared to what i expect from stryper

[sully]

That's cool John but just does not seem right without a Jackson head stock

Why did he just not get a Jackson Kelly?

Agreed. I'm sure it's a great guitar and all, but it seems that GMW doesn't really seem to be interested in changing their demographics. It's too bad, kinda; I get that the Empire line may not be for everyone (way too much bling for me), but I'd rather see them do their own thing than the Jackson stuff. Then again, who gives a rat's ass what I think? lol

I highly doubt the Kelly body shape is trademarked, but I could be wrong. The headstock is totally different than a Jackson headstock. Plus, GMW is a low volume builder.

Looking at guitar manufacturer litigation in recent years, it appears the most important things are headstock shapes and brands/models. Not so much body shapes. For example, Gibson vs PRS set precedent and opened the floodgates for the Les Paul body shape to be used freely. But the Gibson headstock shape, Gibson brand name, and Les Paul model name are hands-off.

It has more to do with defending your trademarks; Jackson (or anyone) can apply for trademark protection over a body shape, but it's up to them to defend it. There are tons of registered trademarks as it relates to guitars, but I believe what did Gibson in was not defending the LP's trademark (provided they had one at one point) over the years. There are some remaining bits of the LP body shape that is trademarked (I believe the shape of the cutaway is one of them), as well as the "open book" headstock, the Les Paul logo, and the bell shaped truss rod cover.

Same thing with Fender; iirc, they had the Strat and maybe the Tele body shapes trademarked in the very early days, but never went after anyone over body shapes (at least not in the US). When they eventually tried to defend their trademarks, they lost because so much time had passed with them not protecting their designs that the body shapes were determined to be a generic electric guitar shape. It's kinda weird, actually; these guys have had legal counsel during their entire existence, but weren't consistent in defending what was theirs. There's a part of me that wonders what the electric guitar landscape would look like today had these two companies actually protected their designs consistently over the years.

Saw a Metalhead to Head video with Skolnick and Sweet. Michael mentioned the Les Paul shape and Alex corrected him saying the body is based off the Eclipse, but the body is thicker to emulate the tone of "vintage" models. Not exact words but Alex did not say Les Paul.

Alex is technically correct While the Eclipse model is certainly influenced by the LP, I'm sure ESP would be a little upset with him had he said it was LP styled; because really, it isn't; it's based off of the Eclipse with some changes. Semantics? Maybe, maybe not. It's kinda like calling a Dinky a strat (granted, Jackson didn't do themselves any favors by originally calling it a Dinky Strat); it's really a bolt on version of a Soloist. Influenced by a Strat, yes, but that's not its closest relative.

As far as not going after GMW for being a low volume builder, that's inaccurate; they received (and disregarded for a little while) cease and desist letters over stratheads. As far as what Jackson will send c/d letters over, it's generally headstock related (they got into it with ESP over headstocks around 90-91 or so, and ESP changed their pointy headstock to what it is now), and the original Rhoads model (the white one), although I'm obviously not an employee of the JMIC legal department, so there could be more.

Sully

[toejam]

Alex is technically correct While the Eclipse model is certainly influenced by the LP, I'm sure ESP would be a little upset with him had he said it was LP styled; because really, it isn't; it's based off of the Eclipse with some changes. Semantics? Maybe, maybe not.

And the original Eclipse from the '80s was a Telecaster shape! Izzy Stradlin played one, so did Scott Ian.
izzy.jpg

[sully]

Oh now that's funny!

[Chad]

And the original Eclipse from the '80s was a Telecaster shape! Izzy Stradlin played one, so did Scott Ian.
[ATTACH=CONFIG]7371[/ATTACH]

I had that exact same guitar (well, not the one owned by Izzy, but one just like it). Very cool guitar and sounded great. Unfortunately, it had a twisted neck and I ended up returning it.

[shreddermon]

IIRC, Fender didn't tm the strat or tele body style until well after the Gibson vs PRS lawsuit. So, while they've tried to more actively protect them in recent years, not much of a leg to stand on with the courts. Same with the LP. Although I think Gibby did have the V done originally way back when.

[toejam]

I had that exact same guitar (well, not the one owned by Izzy, but one just like it). Very cool guitar and sounded great. Unfortunately, it had a twisted neck and I ended up returning it.

I seem to recall you mentioning that awhile ago. I had a chance to get a black one at GC many years back (with the Jackson-type headstock, can't remember if it was Floyded or had a TOM) and another black one last year with V-trem, but I passed on both.

[toejam]

Oh now that's funny!

What's even funnier is a lot of people on the ESP forum had no clue about the Eclipse originally being a Tele.

[MetalHeadMat]

The current ESP/LTD pointed headstock was originally used by Washburn too.