Appellate Court Awards Victory to Paul Reed Smith Guitars (PRS) Over Gibson (Guitars, not Mel)

PRS Guitars ^ | 9/12/05

[Drew68]

Appellate Court Awards Victory to Paul Reed Smith Guitars (PRS) Over Gibson

In a long-pending trademark dispute between PRS Guitars and Gibson Guitars Corp., the United States Court of Appeals for the Sixth Circuit today reversed a lower court decision and ordered the dismissal of Gibson's suit against PRS. The decision also immediately vacates the injunction prohibiting the sale and production of PRS’s award winning Singlecut Guitar. Paul Reed Smith Guitars announced today that it will immediately resume production of its Singlecut guitars.

Paul Smith, the founder of PRS, stated “We are delighted that the appellate court affirmed what we and the industry have long known: the PRS Singlecuts are musical instruments of the highest quality that would never be confused with a competitor’s product.”

In the litigation, Gibson alleged that concert goers in a smoky concert hall might not be able to differentiate a PRS Singlecut from a Gibson Les Paul. The appellate court rejected that trademark theory out-of-hand, emphasizing Gibson’s concession in court arguments that “only an idiot” would confuse the two products at the point of sale.

William Coston, PRS lawyer, observed that the decision is a vindication of PRS’ meritorious defense of unfounded allegations: “We agree with the Court and Gibson’s own counsel that 'only an idiot' would be confused". Sadly, the injunction lasted too long and the court process was too long and costly, depriving consumers of the right to choose between the PRS Singlecut and the Gibson Les Paul. We hope that Gibson will now compete in the marketplace and not use litigation to obtain unfair advantage.

[Drew68]

Here is the 14 page opinion (in .pdf) from the 6th Circuit US Court of Appeals

While this was published last September, I only learned of it yesterday and figured since it wasn't posted, I'd post it for all the guitar slingers out here in FReeperland.

It is really an important victory for guitar players. Had the decision remained in Gibson's favor, the entire market of electric guitars (particularly lower-priced "knockoffs") would have been altered for the worse.

In 2004, Gibson Guitars successfully sued PRS Guitars for producing an instrument that only vaguely resembled Gibson's iconic Les Paul design. PRS Guitars was forced to cease and desist selling their "Singlecut" instrument in the United States. Suddenly, guitar manufacturers all over feared the wrath of Gibson litigation. Fortunately, common sense prevailed.

If you ask me, Gibson is just miffed that PRS builds instruments of such high quality that GIbson has been forced to surrender a share of the marketplace. Gibson needs to worry more about Quality Control, maybe even takeing a few lessons from PRS, than they need to worry about suing guitar manufacturers for building instruments that bear a cursory resemblance to their own. Furthermore, Gibson isn't entirely innocent of this themselves. Their Les Paul "Doublecut" bears a striking resemblance to Hamer's "Sunburst" model.

PRS Singlecut

Gibson Les Paul Standard

[BallyBill]

Bah Humbucker!

[HEY4QDEMS]

PRS can't possibly hurt Gibson in this area, anyone who can afford a Les Paul, (range $900 to $5000), is not going to settle for a knockoff.

If that was the case, then Gibson should sue their own subsidiary, Epiphone.

[TomKOne]

The PRS knobs slant differently. And, they go to 11....

[Wolfie]

Play ten different Les Pauls. Play ten different PRS Singlecuts. Now you know why Gibson is crapping their pants.

[Drew68]

PRS can't possibly hurt Gibson in this area, anyone who can afford a Les Paul, (range $900 to $5000), is not going to settle for a knockoff.

American made PRS aren't exactly cheap. They easily rival Les Pauls in price range. You can spend $3000+ on a PRS.

PRS Korean made "SE" series guitars rival Epiphone in the $500 price range. They are excellent guitars. The Koreans are building some fantastic guitars these days.

Incidentally, I was in a guitar store the other day admiring a $2500 Les Paul 1958 reissue. Upon closer inspection, I noticed the finish was cracking and bubbling up by the neck joint. That this instrument passed Gibson's Quality Assurance division is disgraceful. I'd never buy a Gibson sight unseen. While they manufacture many beautiful, high quality instruments, far too many "lemons" leave the factory. The same can't be said for Paul Reed Smith's guitars.

[Drew68]

Play ten different Les Pauls. Play ten different PRS Singlecuts. Now you know why Gibson is crapping their pants.

Bingo! See my post #6.

[Terabitten]

PRS can't possibly hurt Gibson in this area, anyone who can afford a Les Paul, (range $900 to $5000), is not going to settle for a knockoff.

I'm a Les Paul guy - currently paying on a Slash Signature model, which is setting me back about $3100. PRS' guitars are in the same price range, so they're going after the same market segment.

The problem is that Gibson's quality control is awful for the prices they charge. A friend of mine has a $3500 1958 reissue, and there's a huge red overspray on the neck binding. That's unacceptable for a $3,000+ instrument.

The bottom line is that other builders, like PRS, Hamer, and ESP, are embarrassing Gibson by building far better guitars at lower (albeit still high) prices, thus highlighting how much you're really paying for the Gibson name - and how little regard Gibson holds for their customers.

[Terabitten]

Play ten different Les Pauls. Play ten different PRS Singlecuts. Now you know why Gibson is crapping their pants.

Lord, that's the truth.

In Gibson's defense, though, when you find that one in a hundred, it's just unbelievable.

[Terabitten]

Les Paul porn!

[Terabitten]

They are excellent guitars. The Koreans are building some fantastic guitars these days.

I have a Korean made Peavey Wolfgang that just is just amazing. The quality control from overseas has improved exponentially over the last ten years.

[Maceman]

Plus no pick guard, a more pointed cutaway horn, with no trim.

I don't think any guitar purchasers would confuse the two.

[Wolfie]

In Gibson's defense, though, when you find that one in a hundred, it's just unbelievable.

Absolutely, but its a total crap shoot. Even price range is no indicator. Some of the crappiest Les Pauls are the highest priced.

[Boiler Plate]

Alright I guess this is dumb question but, who doesn't make copies of of Les Pauls, Stratocasters, Telecasters, Flying V's, SG's ect. All they all under license?

In regards to PRS the differences seem to be pretty clear, especially in light of the bridge and tailpiece configurations.

[HEY4QDEMS]

thus highlighting how much you're really paying for the Gibson name

That's the whole thing in a nutshell sadly.
I Have a Fat Strat and all the Gibson owners I know laugh at me and call me Fender bender. I really like the sound mine makes but I am tempted to buy a Schreck semi-hollow which is still way cheaper than Gibson.

[Boiler Plate]

Wow 11! Really?! They must be deafening! ;)

[Drew68]

I'm a Les Paul guy - currently paying on a Slash Signature model, which is setting me back about $3100. PRS' guitars are in the same price range, so they're going after the same market segment.

I am too. I had one in my younger days but I hit hard times and sold it. Still kicking myself! I'm saving for an authentic Les Paul Standard with either the Ice Tea or the Wine Red finish. I'll play 50 of them until I find the right one. The lower-priced Les Paul Classics are pretty nice as well though I could do without the faux-aged "green" trapezoid inlays. Yuck!

I played a Korean made PRS SE "Soapbar" in a music store a few months ago. I love P-90s. Very underrated pickups that produce a sound all their own. The store wanted $450 for this guitar and I curse myself that I walked out of the store empty-handed. When I came to my sense a few days later, it had been sold. It was a fantastic guitar. Perfectly balanced and played like butter in my hands.

[Phantom Lord]

I'll stick with my killer Gibson Explorer!

[Terabitten]

Absolutely, but its a total crap shoot. Even price range is no indicator. Some of the crappiest Les Pauls are the highest priced.

Absolutely. I played two 1981 Les Paul Customs in Denver a couple years ago. One was amazing, one was an utter dog. It's completely random.

[Terabitten]

I had one in my younger days but I hit hard times and sold it. Still kicking myself!

Heh, I sold my 1974 LP Deluxe gold top.

I'm an idiot.