Century-Old Instruments-Giant, Gibson Brands Opposes Collings’ Headstock Trademark Application
Random Trivia Fact: The oldest guitar in the world, Vihuela consisting of 10 strings dates back to around 1590 and was created by one Belchoir Dias. Instead of those metal frets found on modern-day guitars, the Vihuela ligatures were rather tied up just like on mandarin or the lute. Modernization with other developments brought along commendable growth in the field of music as well as musical instruments. Back then if an instrument was known to give out 5 to 10 musical tones, now the number is much more. Thanks to the electric versions. Well, amongst all this, irrespective of numerous ups and downs, the century-old musical instrument company Gibson Brands, Inc. retained its kingship in the world of music.
Founded in the year 1902 at Michigan, United States by Orville Gibson, the brand started off by selling mandolin and like instruments. With time, the production expanded to arch top guitars and by 1930s acoustic guitars came into the picture. In midst of being the top-most producer of musical instruments, the brand ownership saw multiple changes including acquisition by Chicago Musical Instruments, Norlin Corporation and lately in 2018, by KKR & Co. Inc. It is no surprise that Gibson has always been active when it comes to trademark, design and patent registrations. Evidences for the same can be found even in the earliest Registers. This is why the experts believe, where there a dispute arises about shape configurations of instruments, Gibson have a role to play.
This brings us to the latest opposition raised by the American multinational instrument-giant. In April of 2019, a well-known competitor, Collings Guitar filed a trademark application for registration of it brand new ‘headstock’ design. After completion of basic formalities, the window to invite oppositions was opened in February 2020. Just before its closure, Gibson pounced with an opposition citing “likelihood of confusion” and brand “dilution”. And just like, the giant played the bully card again.
Gibson contended that the design applied for appears similar to its Dove Wing Design, the 1939 Epiphone headstock and also the 1963 Epiphone headstock design. Further affirming that the trio forms a part of the famous Gibson’s “family of distinctive headstock designs” standing valid and active. The opposition was substantiated with prior usage and registrations claims. The design forms a part of “commerce in the United States continuously since at least as early as 1922 in connection with the manufacture, distribution, promotion, advertising, and sale,” argued Gibson. Such that the headstock designs are “distinctive to both the consuming public and relevant traders.”
In furtherance, aspects of “confusion, mistake and deception” by the public between the brands together with statements like the trademark “would be likely to impair the distinctiveness and cause dilution by blurring” Gibson’s well-known designs, were made in Bold.
On account of such legal activeness, Gibson CMO Cesar Gueikian said in an interview, “We inherited, from the previous owners, a legacy of confrontation and litigation, which we have essentially now been putting to bed,” Further adding, “There are literally just one or two situations that we haven’t been able to resolve amicably, and not because of a lack of intention on our side.”
