If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.
[ QUOTE ]
[ QUOTE ]
maybe this will lower Gibson prices..... no i highfully doubt that.
[/ QUOTE ]
Probably not but it will the PRS. so i'll get one sooner or later now at a reasonable price.
I wonder if PRS has the right to counter sue for loss of profits?
-Jason
[/ QUOTE ]
I think the best thing for PRS right now would be to classify this under 'We took on fucking Gibson and smashed the bastiges to bits' and move on. It's also highly likely this'll be their exact course of action.
As a consumer I like the fact that PRS won but as an IP guy I believe Gibson had some very solid claims and in a well-litigated case probably would have prevailed on some of them. Unfortunately they also had horrendously awful lawyers who were beaten like redheaded stepchildren by the folks PRS employed. The appellate court was none too kind either, check the opinion where it appears that they disposed of one of Gibson's theories by stating that because PRS makes high-quality guitars and therefore Gibson couldn't be damaged by PRS infringing on their (federally registered and incontestable) trademark. The idea that anyone is free to poach on another’s trademark so long as their goods are of equal quality should sound wrong to you even if you know nothing about trademark law. [img]/images/graemlins/laugh.gif[/img]
Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam!
Although I'm a lawyer, I'm not an IP person (that would be my wife), but I think there wasn't enough similarity in the designs to create consumer confusion. It's one thing to make an exact Les Paul copy and just switch around a few details, but to say that any round-shaped single-cutaway solidbody guitar is confusingly similar to a LP is overreach, as far as I'm concerned. Frankly, what I see is that the trial court was trying to win one for a local business, and the appeals court slapped them down on their silly decision.
[ QUOTE ]
Frankly, what I see is that the trial court was trying to win one for a local business, and the appeals court slapped them down on their silly decision.
I'm sure they are fine playing and sounding instruments, but the PRS Singlecut is an eyesore of an instrument. The standard PRS guitar shape though is a work of art, IMHO. And, Gibson shouldn't have sued on this one.
Comment