Gibson sues DiMarzio Pickups

Gibson puts their lawsuit pants back on--this time going after the DiMarzio trademarks of the double-cream pickup and the PAF humbucker. Matt Esquire, the Blues Lawyer, explains what the trademarks were all about and what Gibson is trying to get out of this litigation.

[@MercyNoMore]

The only thing for me is that everyone makes a V too and Gibson still won against Dean. That might mean nothing but it's why it's confusing.

[@derekclacton]

Back in the day, Mighty Mite also sold double cream humbuckers 👍

[@blueslawyer]

Oh Mighty Mite! They have the licensed Fender necks I wonder if they had a license for the double cream

[@user-te4jr8sb5c]

If I remember right, Wolfe at Wolfetone Pickups tried to fight DiMarzio on the double cream issue a few years ago. My guess is that DiMarzio could spend more on attorneys. After that, Wolfetone's visibility decreased dramatically in the market. Wolfe winds some amazing pickups and is a genuinely good guy. In this case, I side with Gibson.

[@blueslawyer]

That's correct! It was Wolfetone

[@WolfetonePickups]

That wasn't me, actually. But it was someone I'm familiar with. And although I forwarded on research regarding color trademarks, I wasn't directly involved in it. But I did help collect statements from players

[@blueslawyer]

@WolfetonePickups ah yes I see that referenced on some old forum posts. Keep up the good work!

[@user-te4jr8sb5c]

@@WolfetonePickups BTW, your pickups are fantastic.

[@WolfetonePickups]

@@user-te4jr8sb5c Thanks Monica ( I think?) , I appreciate that. I'll be here when you're ready for more! Happy New Year!

[@superlead1002]

I think Gibson did it because DiMarzio sent them a "stop it" letter regarding Gibsons double cream 57' classic in vintage white...

[@blueslawyer]

I appreciate you using Matt's brand of legal language

[@user-sx9dv8jz8q]

Hi, my PRS pups are cream/black.

[@blueslawyer]

I don't think anyone registered the zebra look, other than maybe calling it zebra

[@warrencm]

Maybe this is a silly question (and I don't want to give Gibson any ideas), but can Gibson claim a trademark on rectangle-shaped pickups?

[@blueslawyer]

The functional shape of a rectangle would probably not allow that lawsuit to go through, but I like where your heads at

[@danieleidet7131]

This is kinda like Taco Bell suing Taco John’s for trademarking “Taco Tuesday”. 😂😂 I would assume Gibson is doing this so they do not have to pay DiMarzio and can freely use those terms. Gibson would love to sell a set of Double Cream PAF replica pickups…just like the ones found in a ‘59 burst.

[@blueslawyer]

Taco Tuesday is my favorite holiday

[@enricoruotolo]

how does this differ from something like “tiffany blue?” and since the dimarzio trademark is for “paf” as a word rather than “p.a.f.” does that hold any weight or does that still “cause confusion?”

[@blueslawyer]

Yes we actually talk about Tiffany Blue in another video. Plenty of other brands reference PAF-style that it almost seems like it has no value.

[@WolfetonePickups]

Tiffany's blue color is not functional. Read about "aesthetic functionality doctrine" to learn more. That said, blue on ice-cream packaging WOULD be functional, and has been found to be so, in court. John Deere's green was also found functional.

[@shanewalton8888]

Imagine if Gibson took all that lawyer money and paid their luthiers properly instead.

[@blueslawyer]

They could probably pay everyone a little more and charge a little less

[@bridge500t]

I love double cream pickups in my Les Paul's, but i don't care for Dimarzio's. I started using Bare Knuckle for that reason, plus they kick the shit out of Dimarzio, in my opinion.

[@blueslawyer]

What don't you like about DiMarzio pickups?

[@bridge500t]

@@blueslawyer just something with the tone for some reason when I use them. I'm not sure how to describe it either, kind of nasally? I love Satriani and Vai's tone though. I've even tried quite a few Dimarzio's over the years. They just don't fit me well though.

[@blueslawyer]

@@bridge500t different tools for different players. It's good you found what works for you!

[@jimmygrant3151]

How did my guitars get on your wall?

[@blueslawyer]

Twins! What do you have?

[@adrianosselton4662]

I think these Gibson Lawsuits are getting out of hand, and doing more damage to name and image. Too much focus is going into this kind of nonsense, then making quality insturments. What is next pickguard shape and material.

[@blueslawyer]

I'm generally anti-pickguard. What kind of alternative materials have you tried? I played a few acrylic guitars back in the day

[@adrianosselton4662]

@@blueslawyer pick gaurds I am not fussy about them. For the material mostly standard single or 3 ply, I had an acrylic and wood on some of my collection. That a local luthier was making back in the day. Acrylic guitars I only got to to try the B.C Rich line, and they were horrible! I think if I got to try and Ampeg (Dan Armstrong) Lucite it would have been a diffrent story.

[@jeffoefelein2812]

I own 1 Gibson and would not waste my money on purchasing another. There are many far more superior guitar manufactures out there that produce a much more superior product. Just getting tired of Gibson thinking they are the best thing since sliced bread, when in fact, their bread is getting old and moldy....JS!!!!

[@blueslawyer]

@@adrianosselton4662 oh yeah I played a Dan Armstrong back in the day. That was a lot of fun.

[@blueslawyer]

@@jeffoefelein2812 different tools for everyone. Merry Christmas!

[@mustuddd]

I think its hilarious how many people have emotional reactions to either DiMarzio or Gibson in these comments.

[@blueslawyer]

Totally. Pickups are all the same anyway (ducking for cover).

[@ny7294]

I'm with Gibson on this one

[@blueslawyer]

Sounds about right... It would be cool to get some Burstbuckers in double cream

[@jeffoefelein2812]

Getting so tired of Gibson going after everyone. If they made a quality, affordable product, they wouldn't have to go after all these companies to try and get money. The Gibson brand is losing strength, in the industry,, because they are not the best producers of guitars. There are so many brands out there that far exceed Gibson for far less money.

[@blueslawyer]

Gibson has their issues, but in this case, they are looking to lean into a separate pickup store. Selling double cream and PAF pickups with the branding they want could help them sell. I don't think anyone complains about Gibson pickups.

[@RussInCanada]

Gibson might own a patent on the humbucker, but they don't own the trademark for 'humbucker'.

[@blueslawyer]

Humbucker and Single Coil are pretty common... We should look into P-90.

[@jamesonpace726]

Good ole Gibson, the nicest company from hell....

[@blueslawyer]

I currently have 3 DiMarzio Anniversary PAF pickups in my cart. Don't tell Gibson

[@styrenebuilds6851]

That is why I've never bought a DiMarzio

[@blueslawyer]

Why's that?

[@jeffoefelein2812]

​​@@blueslawyerDimarzio I'd say, by far, the best overall pickup manufacturer

[@sammyrothrock6981]

Gibson is desperate it needs to go bankrupt they have nothing better to do than sue anyone remotely close in the industry

[@blueslawyer]

Let the market decide

[@elderlord5164]

Gibson better lose.

[@blueslawyer]

I don't think it hurts anyone if Gibson can sell double cream Burstbuckers or 490s.

[@rkoblues24]

I would not buy a Gibson product even if they were the only guitar company in the world. They are pathetic cry babies.

[@blueslawyer]

That's a pretty aggressive stance but I respect your commitment.

[@mitchpalmer5116]

I hope Gibson loses. Not because i like Dimarzio, because I hate Gibson.

[@blueslawyer]

Win or lose, it doesn't really matter. DiMarzio will make pickups and Gibson will make guitars and also pickups.