voodooradio1":a5b56w3d said:
No doubt about it. The one guy (who shall remain nameless

) features some mighty fine tone and dynamic range in his video.I think the powers that be at Gibson and Fender should take note of the fact that there are builders out there that can build "golden age" guitars much better than they can, and think about sanctioning these builds for a reasonable percentage. Something like that could be a win for Gibson, the builder, and the customer, but I have no idea if that would be as easy as it seems on paper.
I don't believe that Gibson has no right to stop anyone from making a Les Paul copy, thus there is no reason for them to sanction it. What they have is a trademark on the Les Paul body design (which can be renewed) and a registered trademark on the "Gibson Les Paul" name (also renewable).
Now, they sued Paul Reed Smith in 2004 and won a summary judgement around the production of the PRS Single Cut, which they said infringed on the LP trademark. However, this was thrown out pretty quickly and although Gibson appealed all the way to the US Supreme Court, it would not be heard. All this did was stop PRS from producing the single-cut for awhile, but as we all know it is back in production and they made no changes to the design. While Gibson can bully small companies, it is clear through precedent that they would lose to anyone who actually defended themselves. That's why they don't waste their time going after Edwards, etc., IMO...
Actually putting "Gibson" on the guitar is where things get ugly. No way that flies anywhere the registered trademark is in force. As far as I understand, Gil will not put Gibson on the guitars he builds and the logos are covered on the guitars he built in the pictures at his request because he wants to fly under the radar...
I've heard people mention the font - you can't trademark a font...
Here's what I consider a pretty accurate statement about Gibson's plight from the LP forum:
"There was a lawsuit brought by Gibson against the manufacturer of Ibanez over headstock shape. The lawsuit never went to court and was settled OUT of court without prejudice (no admission of culpability) in part because Ibanez had already changed its headstock prior to the lawsuit even being filed.
Gibson hasn't won lawsuits regarding its guitar or headstock shapes. It *has* succeeded in blustering a bit by sending out cease and desist letters that lay claim to ownership. The cost of taking an intellectual property claim all the way to court is well over $100K (and that's a bare minimum), so it's often cheaper to avoid the process. When Gibson has managed to hit court, it's ultimately lost most of the important suits. They sued PRS and won in the original court session (local judge) but lost on appeal, largely because of Gibson's own lawyers' screwups with their own witnesses. Gibson is loathe to launch lawsuits overseas (which is why there are accurate copies there that don't come into the US); the costs would eat them up and there's every likelihood that they'd lose, setting precedent that they just couldn't get back. Cease and Desist letters lose their luster when there's already judicial precedent that says you're wrong.
The short of it is, if you're large enough to catch Gibson's eye, they'll send out a cease and desist letter. And then you'll be forced to pony up the cost of a lawyer to write a letter that says, "Up Yours." And then they'll send another letter, and so on. They're hoping that you run out of money or interest before they do."
voodooradio1":a5b56w3d said:
Gibson has an authorized dealer in the United Arab Emirate, so it is a safe bet to assume that they have registered their patents everywhere in that region that it is possible to do so.
"U.S. Patents filed prior to June 8, 1995 expire 17 years from the date of issue, or 20 years from the first non-provisional patent application in the family - whichever is later."
Any patents on the Les Paul expired a long time ago. What exists, as I mentioned, is a trademark on the body style, which seems unenforceable based on precedent.
Steve