$8 MILLION GUITAR COUNTERFEITING CLAIM DISMISSED

Started by Elantric, October 05, 2017, 09:17:58 AM

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Elantric

https://scarincihollenbeck.com/news/congratulations/guitar-counterfeiting-claim-dismissed/

Quote$8 MILLION GUITAR COUNTERFEITING CLAIM DISMISSED
SCARINCI HOLLENBECK
OCTOBER 20, 2016

UK GUITAR MAKER JOHN HORNBY SKEWES & CO., LTD. HAS BEEN GRANTED SUMMARY JUDGMENT DISMISSING AN $8 MILLION GUITAR COUNTERFEITING CLAIM BROUGHT AGAINST IT BY GIBSON BRANDS, INC.
Lyndhurst, NJ – October 20, 2016 – Scarinci Hollenbeck intellectual property attorneys Ronald S. Bienstock and Brent "Giles" Davis secured a major victory in a trademark infringement suit.  Gibson Brands, Inc. ("Gibson") sued Scarinci Hollenbeck's client, U.K. musical instrument company John Hornby Skewes & Co., Ltd. ("Skewes"), alleging that Gibson owned trademarks in certain two-dimensional body and headstock shapes and that Skewes has violated those trademarks. The case, Gibson Brands, Inc. v. John Hornby Skewes & Co., Ltd. is currently pending in the United States District Court for the Central District of California (Case. No. 2:14-cv-00609-DDP-SS).

UK Guitar Maker John Hornby Skewes & Co., Ltd. has been granted summary judgment dismissing an $8 million guitar counterfeiting claim brought against it by Gibson Brands, Inc.

According to Gibson, Skewes used counterfeit versions of the shapes at issue. Skewes argued that it should be granted judgment as a matter of law on the counterfeiting count, since (1) all its guitars  prominently displays the brand name of "Vintage," and (2) all advertising and packaging state that the guitars came from John Hornby Skewes. Skewes moved for summary judgment and oral argument was held with trial counsel Davis appearing for Skewes. The Court granted summary judgment in favor of Skewes on the counterfeiting claim. In so doing, the Court eliminated Gibson's ability to collect $8 Million in statutory damages.

In its Order of September 29, 2016, the Court concluded that "no reasonable jury could find that [John Hornby Skewes]'s guitars were counterfeits of Gibson's guitars."  The Court explained that "counterfeiting is the 'hard core' or 'first degree' of trademark infringement that seeks to trick the consumer into believing he or she is getting the genuine article, rather than a 'colorable imitation.'"  Counterfeiting also gives the aggrieved party "wider range of statutory penalties and remedies."

The Court found that:

"...guitars in question cannot be deemed identical or substantially indistinguishable from each other. Aside from certain visual distinctions between the guitars, as both [John Hornby Skewes] and Gibson acknowledge, guitars are typically identified by the branding on the headstock. Here, [John Hornby Skewes]'s guitars are marked with the "Vintage" branding on the front and the [John Hornby Skewes] trademark on the back."

Remaining Guitar Shape Trademark Infringement Claims

The remaining claims, set for trial in February 2017, limit damages to profits on the sale of, as the Court noted, about "300 such guitars."  The Court declined to grant summary judgment to either party on Gibson's claims of trademark infringement of the guitar body and headstock shapes. Skewes has asserted counterclaims of cancellation of the trademark registrations for the body and headstock shape, citing to rampant third-party usage throughout the guitar industry for fifty years.

Elantric

#1

^^Genuine 1965 Gibson Trini Lopez







^^2015 UK "Vintage"   Pretender (designed by Trevor Wilkinson


http://www.eesmusic.co.uk/category-368.html



I suspect this is part of why many "Vintage" branded Gibson style work in progress guitars were sold at auction, and being resold by Guitar Fetish at steep discount 


I ve played these guitars at NAMM show - and IMHO they measured genuine 1950's / 1960's Gibsons and reproduced those old Gibson neck profile geometry on the new Vintage UK guitar line ( made at World Music Korea) - which eats into the Gibson Custom shop profit   

--



\\Really good deals on close out "UK Vintage" basic body / neck  ( 99% same as FretKing by Trevor Wilkinson guitars )

( Ive played all these at NAMM shows) In general, the ES-335 types  have the neck profile feel of a pre 1965 Gibson ( not too thin)


http://www.guitarfetish.com/Factory-Buyout-Clearance-Sale_c_410.html

https://vintageguitarsus.com/about-us/

http://www.guitarfetish.com/Set-Neck-Special--SG-Style--Humbuckers--White_p_26035.html

https://vintageguitarsus.com/electric-reissued-details/#vs6





https://www.jhs.co.uk/brands/vintage/vintage-electrics/vintage-semi-acoustics


I like this ES335 / Trini Lopez / Dave Grohl clone

($99-$125)
http://www.guitarfetish.com/Set-Neck-Special--335-Style--Humbuckers--Metallic-Blue_p_25988.html

https://fret-king.com/black-label/elise.html#.Wc1c_1tSw-U

not my videos ;)



http://www.eesmusic.co.uk/category-368/VSA540GHB.html




QuoteIt's true to say that the best guitars are built from the inside out, and Vintage enjoys a well-earned reputation for building great guitars.

And now, the superb line-up of exciting Vintage electric guitars just got even better.

Working with acknowledged guitar industry guru Trev Wilkinson, Vintage has introduced a fantastic line-up of Wilkinson-equipped Vintage electrics semi-acoustics and basses. Using Trev's excellent range of pickups, tuners and hardware has taken Vintage electrics to the next level.

Available in two ranges - ReIssued, for those who like their guitars bright and shiny, and the ready-aged Icon Series, whose distressed finishes include authentically aged Wilkinson hardware and look like they've gigged thirty years of smoky bars and concert halls.

The pros understand that Vintage performs and delivers with gusto – Paul Guerin and Guy Griffin of the Quireboys, Dave Colwell of Bad Company, Joe Elliott of Def Leppard, Neil Taylor of Robbie Williams band, John McCoy of Gillan, Pat McManus of Mama's Boys and Paul Raymond of UFO – just a few of the artists who are happy take a Vintage out on the road and gig night after night. Meanwhile, across the pond in Nashville, a whole host of session players and legendary Grand Ole Opry performers have been raving over the Vintage vibe and ethos.

The artist endorsements go further, with Signature models available for globally respected players and performers such as Midge Ure, Saxon founder member Graham Oliver, German guitar supremo Thomas Blug and the legendary Jerry Donahue.

How does Vintage manage to offer such incredible instruments at prices anyone can afford? The magic is in using knowledge for good, and doing it right. Because thats the right thing to do, because guitarists, young or old, new and hard-bitten deserve the best without compromise!

Vintage guitars – great looking, great sounding, great to play – and all at unbelievably competitive prices.

The best just got even better...
http://www.ebay.com/itm/Vintage-VSA540-Semi-Acoustic-Guitar-Boulevard-Black-/142159041936?epid=0&hash=item211956d590:g:ik8AAOSwn7JYDhcR

chrish

The plot thickens. Did those guitars that you demoed at NAMM feel like quality guitars? Or a cheap knockoff?

Elantric

#3
Quote from: chrish on October 05, 2017, 09:30:21 AM
The plot thickens. Did those guitars that you demoed at NAMM feel like quality guitars? Or a cheap knockoff?

They felt really good - still a Polyester finish, but the neck profile was the major attraction on the examples i played at NAMM  - explains why I ordered 2 from Guitar Fetish  - I'll report a initial review as I'm supposed to take delivery late Friday

Guido81

#4
I was just about to post a new topic, asking reviews or experiences with "cozart" guitars (maybe i'll do it anyway). Then I found this, I'll take a look at the guitar fetish inventory for these vintage guitars.
I was looking for nice and cheap parts (body and neck) for project of a custom made vguitar. But this is gold either way.
Hey that white SG looks great

Looking forward to your review Elantric!

Elantric

#5
Cozarts are junk ( I got a Cozart Tele Thinline very cheap - with regret) incredibly bad neck and weighs 15 pounds  -  would be better off with anything from http://www.rondomusic.com/ ( Agile, Douglass)


these "Vintage" stripped guitars at Guitar fetish are decent quality  - sadly the ES335 type i received still has a neck profile which at 0.85" is a bit too thin for me ( like 90% of all guitars made today ) 

http://www.guitarfetish.com/Factory-Buyout-Clearance-Sale_c_410.html