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Prs Wins Appeal Against Gibson


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where the hell have I been. it's about time. This whole thing was bogus anyway.

Think what you want about PRS but i can honestly say that I have never picked up a PRS in a store that didn't play like a dream. I can scarcely remember the last les paul i picked up that didn't play like a complete POS. That kind of quality deserves to sell their product, and let the market decide which one is better.

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As opposed to the overpriced real thing? I'm glad to see it overturned, that lawsuit was a sad attempt of Gibson to corner the market on all singlecut guitars. In my mind it only made them look more ridiculous. With some of the decisions Gibson has been making recently it looks like their cutting their own throat.

Well said, Devon.

Gibson got their panties in a bunch and got scared. They know PRS is a better company and has their standards higher set. I'm just glad it's over with and we can start seeing some sweet @ss SC's :D

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I posted this in the legalities of copying guitar designs in the Solidy Body Guitar and Bass area, but I thought it was important enough to merit it's own thread. As I predicted...

http://www.prsguitars.com/news/stories/091205_victory.html

My favorite part: 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.

I think I just might try to get a Single Cut in Royal Blue.

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.

Funny that it only took getting it into federal court to get it vacated. I wonder if the judge in the previous case got a campaign donation from Gibson...

Remember the Alamo, and God Bless Texas...

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GodBlessTexas, you're not even on the map.

The case was originally tried in the U.S. District Court in Nashville. The next step, where PRS won, was in the Sixth Circuit U.S. Court of Appeals. The judge in the original case was not elected by anyone, nor did they have any kind of "campaign" to contribute to.

The fact is that Gibson had some very good arguments the first time around that PRS really didn't take seriously enough. Then they wound up getting bit in the ass and losing SC sales for a year while they hired a decent T&UC lawyer to build a good appeal.

I'm not trying to defend Gibson's actions here, which I find to be reprehensible and anti-competitive at the lowest level, but PRS didn't take the threat seriously from the beginning and paid dearly for it. I'm glad they won, and we'll see if Henry decides to petition for cert, but I think it was a big wake up call for PRS to tighten up their own business practices and confidences.

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There's some good news.. I'm not a tremendous fan of PRS myself (though I do think they make some rather pretty guitars) but I hate it when big companies try to eliminate the competition like that..

Sucks for all the guys w/ singlecuts thinking they had a unique investment. Either way, Im glad they ruled in favor of PRS, I mean really...

I actually feel more sorry for the poor suckers who actually bought singlecuts for more thinking that they were making a good long term investment.. They must be feeling pretty silly now..

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Well, the ones who bought 'em still have "pre lawsuit singlecuts." that's gotta be worth something someday.

Maybe, maybe not. They'll certainly appreciate in value with age, just like normal guitars of certain types do, but any value that the pre-lawsuit singlecuts had was because of the injuction against making more which caused an immediate 20% increase in value due to lack of supply. Now I don't think that will be a problem.

The lawsuit era Ibanez guitars are now going up significantly because Gibson and Fender instruments from the same timeframe are going up, and in a lot of cases the Ibanez copies were just as good if not better. The market is catching up to what made them popular back then, and the're appreciating in price accordingly, though the ones I've seen have still been below the prices of Gibson and Fender models, even if only slightly.

And I don't know what's worse, being wrong in one thread about the first court case being in state court, or being wrong in two. :D It makes sense that it was in federal court, but I never claimed to be smart (just handsome :D )

Remember the Alamo, and God Bless Texas...

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And I don't know what's worse, being wrong in one thread about the first court case being in state court, or being wrong in two.

Actually, having to correct you twice on the same topic isn't too much fun either :D

Don't sweat it, man. I'm a lawyer and I'm supposed to know these things. You'll find that I'm wrong most of the time on everything else around here :D

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It makes sense that it was in federal court, but I never claimed to be smart (just handsome  :D  )

Watch it, Wes might be around and he don't like competition...

well...it is quite easy to be merely handsome and it does not mean that you are better looking than me....because as you know i AM the best looking ever...

as far as gibson quality vs prs....all i have to say is :D

i like my gibsons just fine...the quality is very good and is worth the price.the only thing i don't like about them is the far from modern styling....and prs is just as bad in that area.

but i totally believe in prs being able to make the single cut....

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