Gibson's legal team back at it…

thegummy

Philly_Q said:

Sassafras said:

I wonder how they'd respond if someone made replicas of the Firebird X, would Gibson be too ashamed to admit it was one of their designs?

Someone should do that, make a really great guitar without any of the electronic gubbins but the exact size and shape of the Firebird X.  Then let's see what Gibson do.

The only problem being - as I've just reminded myself - even the body shape was fucking hideous.

I'd never seen one before but had to have a look after your post - it looks like a photo of a normal Firebird but being displayed at the wrong aspect ratio or something.

scrumhalf

Dear Gibson

You've been getting a bit writ-happy, haven't you?

Can we join in?

That Firebird, and those Victory guitars, and that Hendrix one...

Eh?

Hugs

Fender

ICBM

thegummy said:

it looks like a photo of a normal Firebird but being displayed at the wrong aspect ratio or something.

I admit I haven't seen every single guitar design ever made, but I can honestly say that I don't think I've seen one with such a basic lack of anything approaching aesthetic sensitivity as the Fireturd X. It's simply the wrong shape everywhere, whether you look at it horizontally, vertically, obliquely, or from the back... it's a graceless misshapen lump of crap, to the point where I find it hard to believe that whoever 'designed' it wasn't deliberately making it as ugly as humanly possible.

Philly_Q

ICBM said:

thegummy said:

it looks like a photo of a normal Firebird but being displayed at the wrong aspect ratio or something.

I admit I haven't seen every single guitar design ever made, but I can honestly say that I don't think I've seen one with such a basic lack of anything approaching aesthetic sensitivity as the Fireturd X. It's simply the wrong shape everywhere, whether you look at it horizontally, vertically, obliquely, or from the back... it's a graceless misshapen lump of crap, to the point where I find it hard to believe that whoever 'designed' it wasn't deliberately making it as ugly as humanly possible.

At which point I have to mention my old friends the Peavey PXD series.  Possibly the same designer?



Actually looking at them now I think the Firebird X is even more misguided.  The Peavey shapes are really ugly but there is some sense of visual balance.

ICBM

Philly_Q said:

Actually looking at them now I think the Firebird X is even more misguided.  The Peavey shapes are really ugly but there is some sense of visual balance.

Exactly. The worst thing about the Peaveys is the headstock - which looks like the business end of a particularly vicious biting insect - but even that looks like it was designed by someone with eyes.

Moloch

I was not previously aware of the existence of the Firebird X. Now, thanks to all of you, I am not only aware, but I have seen it.

I hate every last fucking one of you.

Sassafras

Apart from the truly awful headstock, I don't mind those Peavey PXDs.

guitargeek62

It’s been a while since I actually looked at one, but it really does look like a 5yo kid’s attempt at drawing a Jazzmaster. Maybe it’s just the product of a(n overly) proud parent?!

grappagreen

guitargeek62 said:

It’s been a while since I actually looked at one, but it really does look like a 5yo kid’s attempt at drawing a Jazzmaster. Maybe it’s just the product of a(n overly) proud parent?!

Jesus...

guitars4you

From the trade press - just made a new posting of it, but can round on this posting as required

Warwick claims victory as Gibson drops EU claim to Firebird and Thunderbird shapes

 

 

Germany's Warwick is claiming that Gibson Brands has finally surrendered its fight to own the Firebird and Thunderbird shape trademarks in the EU. According to a statement from Warwick: 'Gibson Brands has given up its fight to own the Firebird and Thunderbird body shape trademarks in the EU by withdrawing their appeal in the EUIPO. The EU-Trademark EU 9667866 consisting of the body shape of Gibson’s Firebird guitar and Thunderbird bass was successfully cancelled for musical instruments in international trademark class 15. This decision is based on a motion filed by Hans-Peter Wilfer, CEO and owner of the German based Guitar Manufacturer Warwick. The EUIPO in its cancellation decision of 11/10/2019 stated in part that: “Given the fact that several other manufacturers create guitars with a similar appearance, including the applicant, it is highly unlikely that the average consumer will rely solely on the shape as registered to indicate its origin. They would rather look for other indications, such as a brand name, to get more information on the manufacturer of the goods. The design of the guitar would have to be a far more radical departure from the norms or customs in the sector in order to fulfil the essential function of indicating the origin of the goods for which protection is sought. The public is used to different shapes of electric guitars in the market.” 'Gibson had initially appealed the verdict, but has now formally withdrawn this appeal thus fully accepting the decision of the EUIPO that the Firebird and Thunderbird body shape is generic'. Info: www.warwick.de

impmann

grappagreen said:

guitargeek62 said:

It’s been a while since I actually looked at one, but it really does look like a 5yo kid’s attempt at drawing a Jazzmaster. Maybe it’s just the product of a(n overly) proud parent?!

Jesus...

No, he denies any involvement with the project.

ICBM

guitars4you said:

From the trade press - just made a new posting of it, but can round on this posting as required

Warwick claims victory as Gibson drops EU claim to Firebird and Thunderbird shapes

 

 

Germany's Warwick is claiming that Gibson Brands has finally surrendered its fight to own the Firebird and Thunderbird shape trademarks in the EU. According to a statement from Warwick: 'Gibson Brands has given up its fight to own the Firebird and Thunderbird body shape trademarks in the EU by withdrawing their appeal in the EUIPO. The EU-Trademark EU 9667866 consisting of the body shape of Gibson’s Firebird guitar and Thunderbird bass was successfully cancelled for musical instruments in international trademark class 15. This decision is based on a motion filed by Hans-Peter Wilfer, CEO and owner of the German based Guitar Manufacturer Warwick. The EUIPO in its cancellation decision of 11/10/2019 stated in part that: “Given the fact that several other manufacturers create guitars with a similar appearance, including the applicant, it is highly unlikely that the average consumer will rely solely on the shape as registered to indicate its origin. They would rather look for other indications, such as a brand name, to get more information on the manufacturer of the goods. The design of the guitar would have to be a far more radical departure from the norms or customs in the sector in order to fulfil the essential function of indicating the origin of the goods for which protection is sought. The public is used to different shapes of electric guitars in the market.” 'Gibson had initially appealed the verdict, but has now formally withdrawn this appeal thus fully accepting the decision of the EUIPO that the Firebird and Thunderbird body shape is generic'. Info: www.warwick.de

Wow. That's a huge climbdown given that the Firebird is one of their most distinctive shapes and also not actually copied that often - I would have thought it was one of the few they could perhaps successfully defend.

ArchtopDave

It would be interesting to know how much money Gibson are wasting on legal fees. It may be unfortunate that they created most of their most iconic guitar shapes in an era, when trademarking guitar shapes wasn't seen as crucial (though they did patent items like the humbucker pickup, and the stop tail bridge). Given their legal failure in the PRS case in regard to what must be Gibson's most iconic guitar, the Les Paul, you really have to wonder why they are now trying it on with their other guitar shapes.

skullfunkerry

I wonder how bothered they'd be if someone made a copy of the Moderne, or the Firebird X

ICBM

skullfunkerry said:

I wonder how bothered they'd be if someone made a copy of the Moderne, or the Firebird X

Ibanez copied the Moderne in the 1970s - although they put a standard Gibson-style headstock on it, which didn't suit it at all.

No-one in their right mind would ever copy the Firewood X...

Rabs

Darryl_Morris said:

I was not previously aware of the existence of the Firebird X. Now, thanks to all of you, I am not only aware, but I have seen it.

I hate every last fucking one of you.

Don't worry... Eventually they got what was coming to them... Even though I still think it was a waste and that crunching sound still makes me squirm..  Maybe in the end it was a kindness  :P 

Yamaha77

Maybe Gibson should focus it's "energies and resources" on its own brands like Kramer and other subsidiaries that it acquired rather than these continued attempts to go after smaller fish like carvin/kiesel. 

I'm still waiting for the 2019/2020 Kramer's that keep getting delivery dates pushed back. No point in promoting a product if you can't even get your stock in stores.

GuyR

Rabs said:

Darryl_Morris said:

I was not previously aware of the existence of the Firebird X. Now, thanks to all of you, I am not only aware, but I have seen it.

I hate every last fucking one of you.

Don't worry... Eventually they got what was coming to them... Even though I still think it was a waste and that crunching sound still makes me squirm..  Maybe in the end it was a kindness  :P 

They looked better after being run over.

ICBM

It seems ridiculous that they didn't salvage the hardware, but probably it would have been more expensive to pay someone to strip them all down than it would have been worth.