Gibson Sues DiMarzio over double cream

GreatRedDragon said:
In theory you're only supposed to be able to do so when the color doesn't serve a practical purpose. In other words, only in cases where a consumer wouldn't specifically desire the double cream pickup. John Deere was unable to trademark their green tractors because it was reasoned the green itself might be a selling point for the tractor. UPS can trademark their brown delivery vans because there is no competitive advantage to having a brown van.

The trademark should never have been granted to Larry, and the proof is in the legions of winders who have gotten C&Ds for making cream pickups - they weren't making cream pickups so they would pass as DiMarzios, they were making cream pickups because people want that color of pickup.
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You're wrong about John Deere...

https://www.chicagobusinesslitigationlawyerblog.com/6049/
 
I'm firmly on Larry DiMarzio's side on the double creme bobbins. Gibson never used that as a marketing distinctive when they came out with humbuckers.
Their pickups had covers and they didn't care about the color of the bobbins.

I asked a Duncan rep back in the 80's about this. He told me Duncan wanted to continue manufacturing double creme pickups but they balked at paying DiMarzio a licensing fee of 5 dollars per pickup for the right to do so.
 
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Kelly said:
The same way Chrysler can trademark Hemi Orange, and Fender can trademark Lake Placid Blue. Coca Cola has a trademark on their bottle shape, and McDonalds has a trademark on the big yellow M.
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Yep, this. A guitar with two double-cream bobbin pickups is a Dimarzio selling point and iconic to the brand, especially in the 70s and early 80s. (I don't know that time really erodes the trademark, but it's definitely the look of an era.) I completely understand why Dimarzio feels they have a right to trademark and why it was granted.

Having said that, IP is full of loopholes, minute rules, etc. that I don't think anyone really understands other the lawyers and judges who work specifically in IP, so I assume Gibson thinks they have a good case for it.

I don't have a strong opinion on it form a personal POV. While I like plenty of Dimarzio pickups, especially the classic Super Distortion, I've always preferred them in black. The whole cream thing really was never my thing.
 
I have only had 1 DiMarzio in my time of playing, a Tone Zone...

I pulled it and put in a Seymour Duncan Screamin' Demon back sometimes around 1999... It is still in that guitar...

Now I just stick to lower cost pickups, I don't see that point of spending that much money when I can make anything sound like shit...

Maybe I'll go get a double cream Korean made Humbucker...
 
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