mcnaught...

[slowburn]

is mcnaught the next victim of a gibson lawsuit?

http://www.mcnaughtguitars.com/index222.htmhttp://www.mcnaughtguitars.com/old/Natural_SK-1b.jpg

[slowburn]

whoops. I meant to post this in general discussion. I had multiple windows open when I clicked "new post"

[Marty S Horne]

I think that since McNaught only makes 5-6 guitars a month and the single cut is his only Les Paul shaped model, Gibson is not too concerned.

[tom]

the shape of the upper bout may get him by, at some point size won't matter.

[killerburst]

Originally posted by Marty S Horne
I think that since McNaught only makes 5-6 guitars a month and the single cut is his only Les Paul shaped model, Gibson is not too concerned.

Doesn't matter how many he makes. They have to protect their trademarks every time or they will lose them. If that body style is in violation of their trademark, they must pursue. They can't chase PRS and let McNaught go. That not only would set a precendent for future builders to tread over the line, but would give PRS strong grounds for appeal. Its not about the sales lost to McNaught, it's about reinforcing the strength of their intellectual property and establishing that they "own" that body style. Of course, if the McNaught doesn't infringe on their trade dress, then he's got nothing to fear.

[killerburst]

I'm guessing with the switch location and the diamond-shaped control pattern, he's screwed. Hope not for his sake, but I'll be surprised if he doesn't get "the letter".

[tom]

the knobs and details aren't what they own. they own the shape. a pencil drawing of the shape is what is trademarked. doesn't matter if it's carved or flat, thick or thin, two pickups or 4. it's all the shape.

[killerburst]

I see. I had read somewhere that the control pattern was also in dispute, specifically with the PRS Singlecut. I'm shocked to learn that something I read on the interent turns out to be incorrect!:eek:

[tmihm]

Gibson's kinda like the big bad wolf these days. (Head's up, ESP!):eek:

http://www.espguitars.com/esp_custom.htm

[Scott Peterson]

Originally posted by tom
the knobs and details aren't what they own. they own the shape. a pencil drawing of the shape is what is trademarked. doesn't matter if it's carved or flat, thick or thin, two pickups or 4. it's all the shape.

But if you read the judge's decision in the Gibson vs. PRS case, it is indeed the knob placement and *especially* the pickup selector position.

In this specific case it was indeed highly material.

I don't know why, but to Gibson, at least, it all mattered greatly.

Isn't it wonderful that now you have to be a legal expert just to play guitar?

Sigh.