Gibson vs. DiMarzio Trademark Battle May Rock The Guitar World!

#addictedtogear #gibson #dimarziopickups
The guitar world has been rocked by the intense legal drama unfolding between industry giants Gibson and DiMarzio. This high-stakes trademark lawsuit has both companies locked in a battle over intellectual property, sending shockwaves through the music community. Gibson, renowned for its iconic guitars, has taken DiMarzio, a prominent pickup manufacturer, to court, alleging trademark infringement. The dispute revolves around the design and branding of certain guitar components. As the legal proceedings unfold, musicians, enthusiasts, and industry insiders anxiously await the outcome, as the case could potentially set a precedent for future trademark disputes within the guitar industry. The clash between these two influential players has ignited debates about intellectual property rights, innovation, and the competitive landscape of the guitar market.
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[@viktor86bt]

I know Gibson has been known for suing companies over ridiculous claims, but, Maybe owning the ability to have double cream(no specific cream) color pickups, and owning the term P.A.F. are both wrong?

[@selectooldave]

I think if/when this goes to a court of law it will all be thrown out. Trade marking colors and dealing with things that were called whatever 50 years ago has long passed. The companies are all greedy and hanging on to things that are really irrelevant in todays market place.

[@TheCyberMantis]

It's like trying to trademark numbers. Or sunlight. It's ridiculous.

[@Major00Tom]

This is the kind of thing that makes me want a Chibson.

[@zeppo20]

They refuse to send to me the 12 string nut of a EDS 1275 that I had. They wanted me to send to custom shop my guitar to install the new one. They wanted to charge me 260 dollars for that. Shipping not included. Or buy All parts. So, I wrote back with big giant letters ¨F...You!!!!

[@Voxguitarsrock]

Not sure how it will apply but RCBS reloading co. Got a slap down when they sued Lee precision over a green color. Judge said " you can't TM a color".

[@Fugettaboutit]

Shrewd move by DiMarzio back then. But by now it's unfair and yes misleading since there's more knowledge of the origins.

[@MarkJohnsonJams]

I’d rather have raw nickel covers than double cream 😂

[@MisterTee]

I worked in trademark law for years, not in the US (where this trademark applies) but the laws are similar in my country. From what I have read the DiMarzio trademark will likely be pulled.

[@arisl2370]

I actually for once agree with Gibson about the patent on double cream pickups.. This is absurd IMO !

[@MAX96MENDES]

If all the "problems" are about "colors", I suggest Dimarzio (and other brands) to start using different colored pickups ! I personally have been asking all the makers to START making different colors on their pickups. It is just so boring to always have your pickups being in all black, or all white, or Black-n-White colored Humbuckers. I want to see them in All RED color... or All Dark Blue color... deep-dark Green Color (British racing green)... ... make your guitars look UNIQUE and FUN to play with !!!! Make something NEW and Exciting to use your guitars ! Many of these different colors you can only buy in aftermarket add-ons. So WHY doesn´t the original guitar makers make them ??

[@WolfetonePickups]

Let me know when you want a hot pink humbucker on a gold top Les Paul.

[@t3hgir]

@@WolfetonePickups if it's a DiMarzio, i'll rock it

[@danthegeetarman]

In the end, this is actually more interesting to me because it can set the bar for other current trademarks to be lifted too. One of Gibsons angles is that “the cream pickups are common” but think about how many things Gibson and other companies have trademarked that fit under that same criteria. So not sure if they’re mistakenly poking the beehive on this one 🤔

[@soundpitchblack]

I think Gibson probably wanted to market PAF pickups more prominently and found out the issues with that. Typically I despise some of Gibsons previous decisions but this one I will back this decision

[@zAvAvAz]

Gibson doesn't make PAF pickups. They make P.A.F. pickups. The letters stand for Patent Applied For. Dimarzio pickups are called PAFs. Or PAF. The letters do not mean anything. Gibson shall not own a monopoly grid. And they shall not own rights to any two cream colored bobbins in existence, SOREY not Sorry.

[@thinkingofvenice]

Be awesome if instead of lawyers, they’d put their legal budget into hiring someone other than Helen Keller for QC…

[@donerskine7935]

Even if DiMarzio's trademark is upheld, anyone using the marks prior to DiMarzio's registration could be able to continue to under grandfather rights. However, registered and unregistered trademarks can lapse if unused for a certain number of years. Then they can be grabbed by someone else.

[@GreenBlueWalkthrough]

Wait isn't trademarks like copywrite? Where first mover gets it no matter if they applied for it or not.

[@addictedtogear]

I don’t think that's how it works.

[@donerskine7935]

@@addictedtogear There is a difference between unregistered (aquired by historic use) trademarks, which are difficult to defend, and registered trademarks which are more a matter of formal record.

[@derekclacton]

My Mighty Mite humbucker is double cream

[@cubano100pct]

I neither should own trademark on colors and PAF.

[@WolfetonePickups]

If you want to know MUCH more about this, I suggest reading up on "aesthetic functionality doctrine" as it pertains to color trademarks. An aspect of a trademark may not be functional, it goes against trademark law. It's possible for a color to be functional. In this case, the color is functional. I've been arguing exactly that point for 25 years. Also, a "trademark" does not have to be *registered* ffor it to function as a trademark. This is why you see (tm) and (r) on trademarks. (r) signifies a federally registered trademark.

[@donerskine7935]

How is the cream colour functional in this case?

[@WolfetonePickups]

@@donerskine7935 Cream is ubiquitous in the guitar industry. Cream pickguards, cream mounting rings, cream binding, cream jackplates. Cream goes with a wide range of finishes. Cream is also easier to wind dark colored vintage style plain enamel wire onto. If a "mark" affects the ease or cost of manufacture, then is is functional. In the 1980's, courts found that John Deere's "green" was functional because farmers desired to color-coordinate their equipment. You may have been told that Deere has a trademark on Green. They do not. You bet your ass that guitar players have a visual preference for their colors -- even if it isn't necessarily cream. But like I said, read about aesthetic functionality doctrine. Read color trademark cases, such as Aromatique v Gold Seal. Brunswick Corp. v. British Seagull. Ambrit, Inc. v. Kraft, Inc. It will become clear.

[@donerskine7935]

@@WolfetonePickups 'Cream' would be a good name for a band. Someone should have thought of it.

[@nicosonic]

so that's why there are no double-cream humbuckers on Gibsons.

[@addictedtogear]

Could be…

[@donerskine7935]

@@addictedtogear No, it's possibly that if Gibson hasn't used double cream pickups for a number of years, any rights they may have had could lapse, allowing DiMarzio to register the mark.

[@GreenBlueWalkthrough]

I mean even if first mover adavatage does not apply to trade marks... How did they even earn a trade mark for littelly a legel phrase(Like you apply for apatant and can't warn people of that now?) And something people like Gibson have been doing for dacades... What's next trade mark the eGuitar, humbuckers and all of the shapes names?

[@donerskine7935]

'Patent applied for' may be a legal phrase, PAF isn't.

[@Paul_Lenard_Ewing]

It is a good thing for DiMarzio. It will increase their sales. Gibson are simply alienate the players even more. The average player thinks for good reason that Gibson is greedy. All this just makes them look worse. Reviewers will continue to use the term PAF. Calling them vintage hummies is near as popular a describer as well. Gibson need a serious modern marketing dept. Product is all about selling the Brand not the product and Gibson are writing the book of how not to.

[@rangle187]

Dimarzio deserves to get sued here. I am not a fan of Gibson going after other brands like this, but I have tried to order double cream humbuckers from smaller pickup builders and been told they have been approached by Dimarzio telling them they will be sued if they produce double cream anything.

[@zAvAvAz]

they better leave DiMarzio be, or i'll rock chibby Gibson's greedy. @55! Dimarzios are called paffs not p.a.f. like gibson's letters stand for something, the dimarzios do not have abbreviated lettering and the letters do not mean anything. The name of the pickups are just 'pafs' dimarzio makes many 'pafs'. They are NOT 'P.A.F.' pickups..

[@zeppo20]

After 50 years... Really?

[@AnnaStafford-zh1sz]

I hate to say this but, in principle, I agree with Gibson. P.A.F., as we all know, means Patent Applied For. Trademarking this, to me, is like trademarking a sandwich in packaging that says, "This is not a sandwich." I'm sure many will call me wrong but I'm ok with that. Apparently Gibson is not. I might add that to me, the term P.A.F indicates the type of pickup not the Gibson brand.

[@thesgkiddave]

I disagree sir Gibson invented the humbucker and was using double cream pups I have always wanted double cream but I refuse to buy Dimarzio because of the trademark a lot of people already know this have been trying to get double cream pups in their favorite brands.

[@richszmal1653]

I need to get a job on the Gibson leagal team,sounds like you will always have job security 😂. What is next for Gibson to have a lawsuit for.....??

[@styrenebuilds6851]

If Dimarzio invented the humbucker I could see it . The color part was a dick move . As far as PAF nobody was using the term but was a dick move on DiMarzio's part

[@thg705]

Gibson needs to spend more time and effort with their quality control and stop trying to force competitors to stop being better than they are...lost tons and tons of respect for Gibson over the recent past. Living on a name and fleeting reputation ~ overpriced and underproviding in the modern versions, in my experience and opinion.

[@lukedotgru1]

Gibson is in the right here, they should be able to produce guitars with double cream pickups like they did in the 50s all the way to the 80s, because frankly having a patent for that is stupid and should never have been granted. PAF is trickier, but if anyone deserves that patent imo it would be gibson too. And im not even a gibson fanboy 😂

[@sirbaronvoncount4147]

Haven’t been by for awile and I notice you look like you lost weight Tony. Looking good I guess not all addictions are bad for us lol

[@bradleyclosson5042]

People should wake up and stop giving their money to evil and corrupt corporations named Gibson. They truly suck. Most giant corporations do these days. Find a local builder and support small businesses. If you have to have that Gibson in your collection build a replica with a kit. It's easy and your first attempt will be built better than today's Gibsons.

[@saintbrando]

Tony, I love Gibson however with all their crying over the years is really a turn off from their product. 👍🏻

[@TestarossaRocks]

Gibson wasn’t the first to do “open book” headstocks.

[@donerskine7935]

...and, ironically, did Gibson ever GET the patent?

[@counterbalancelife4305]

PAFAG or "Patent Applied For And Granted" just doesn't have the same ring to it.

[@donerskine7935]

@@counterbalancelife4305 PAT PEND

[@flapjack413]

I've been a fan of Gibson guitars for the better part of three decades now, but all of this ridiculous litigation on their part is a big turn off. They'd be better served to spend less time (and money!) going after smaller companies, and more time stepping up their quality control. Paint flaws galore, tooling marks all over guitars, not difficult things to fix. If I came across the right guitar, I might be interested if the paint doesn't suck. I can clean up tooling marks myself. However, until they tone down the lawsuits, I'm 100% out. They've had 50+ years to work things out with DiMarzio if they really had an issue with them. All of these lawsuits just really reek of desperation on their part.

[@DeliRevv]

It’s 💩 like this why I’ll never buy another new Gib$on

[@nathancourtney2006]

Gibson is always wanting to sue somebody. That’s why they have a negative image.

[@PearlJamaholic]

Gibson: "Double Creme Humbuckers are common in guitar culture and shouldn't be trademarked since everyone uses them" Also Gibson "Companies that have been making V and Explorer shaped guitars have to stop, because that is our trademark" I can't even fathom the arrogance of this company. The most icon Explorer is Hetfield's ESP, and yet ESP can no longer make one thanks to Gibson. If Gibson went out of business tomorrow I think the guitar world would be be better for it.

[@shanewalton8888]

Gibson just too cheap to pay DiMarzio. Pathetic attempt to save money. Why anyone gives Gibson money is beyond me.

[@WolfetonePickups]

Dimarzio does not do licensing like that.

[@t3hgir]

@@WolfetonePickups so in Lukather's EBMM, Petrucci, all the Ibanez signatures with DiMarzios they just give em away for free?

[@WolfetonePickups]

@@t3hgir Do you know what an OEM supplier is? Dimarzio makes the pickups for those. "Licensing" means that another company would pay Dimarzio for the ability to manufacture "the mark" -- and Dimarzio doesn't do licensing agreements like that. The OP here suggests that Gibson is simply "too cheap to pay" Dimarzio to be able to make that color, which is not the case, since Dimarzio doesn't do licensing like that.

[@anthonycandell5397]

This is why I prefer Fender as opposed to Gibson. Gibson is about the money, not about the Guitar culture.

[@styrenebuilds6851]

This isn't about Gibson getting money out the suit . It would be a cancellation of the Trademark and ANY manufacturer could use the term PAF or the color

[@thinkingofvenice]

The Fender part of your comment is funny since their QC has also taken a dive, unlike their prices.

[@TheCyberMantis]

I will never own anything with the "Gibson" name on it.

[@billyvitale8994]

Gibson is dieing...this is a testimony of this fact. They have nothing left...so many are producing better instruments do for less. The fact they are suing 50 years later is proof of Gibson's faultering..50 years ago this made sense..but Gibson was the king of guitar excellence..those copy cats were irrelevant...today Gibson is trying to pick up the crumbs of the past... it's over ..those days are gone!

[@herboffiresidestudio9053]

Greedy Gibson . I Love my Kramers I just wish Someone else owned them.

[@eagleheadterraceia2803]

Dimarzio seems a little sleazy to me. I support and hail the new Gibson ceo Ceasar. Hail Ceaser...he is a cool dude and Habla Español. If you had a choice? Live without Dimarzio or live without Gibson? Gibson wins by a mile. I only have two words for Dimarzio and that is: Seymore Duncan!! Dimarzio take winny ass violin pickups somewhere else. Just jokeing guys.

[@t3hgir]

Lawsuit Ibanez Les Paul with DiMarzio, easy choice