Gibson Suing Dimarzio

  • Thread starter Thread starter glpg80
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Fuck DiMarzio.

This is a good for the community. Smaller winders have tried to do this and failed.

For clarification: The trademark applies to the color, not the name of the color. Can't just call it "light yellow" and get away with it. And the big problem is there is no specific color named in the trademark, so it's very ambiguous what it actually covers. Beyond that, the fact that there is a practical aspect to the color that makes it desirable - wanting all the plastics to match - means the mark should never have been granted anyway (this is why John Deere couldn't trademark their green).

Gibson had to photoshop a photo of Jimmy Page so the cream pickup in his Les Paul was black. That's how fucked it is.
 
Speeddemon said:
Agreed. But I do wonder if Gibson will open a can o' worms, if they win this case, because it would set precedent for other 'terms/things/shapes so long in use they've become public'.
I mean, if DiMarzio can't patent/trademark a specific bobbin color, why should other companies be able to trademark an 'open book' headstock look, that's been around for 70+ years, right?
Devil's advocate: the open book headstock was Gibson's design to begin with and double cream bobbins existed before ol' Larry went all Gene Simmons on it...

And while parchment is a good color, especially for Strats, it falls short of the 'correct' cream you're looking for in certain humbucker equipped guitars like a Les Paul.
Oh, and the color changes on Dimarzio themselves too.
Look at my ol' Hamer Vector XT;
2 Super Distortions in there; one of them a 70's Dual Sound. The neck pickup clearly is more yellow/darker.
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those were actual visual designs by those companies. DiMarzio didn’t invent cream bobbins nor were they the first to use matching bobbins. Cream was an “off the shelf” readily available color option.
 
GreatRedDragon said:
Fuck DiMarzio.

This is a good for the community. Smaller winders have tried to do this and failed.

For clarification: The trademark applies to the color, not the name of the color. Can't just call it "light yellow" and get away with it. And the big problem is there is no specific color named in the trademark, so it's very ambiguous what it actually covers. Beyond that, the fact that there is a practical aspect to the color that makes it desirable - wanting all the plastics to match - means the mark should never have been granted anyway (this is why John Deere couldn't trademark their green).

Gibson had to photoshop a photo of Jimmy Page so the cream pickup in his Les Paul was black. That's how fucked it is.
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As a small winder, I don’t offer double cream as an option. Not a product. That said, i offer assembly services for your parts that I will also sell you. If you choose double cream, it’s your product, I’m just assembling. :D
 
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I wonder if this is a viable case, if DiMarzio has a patent on the neon green, pink and yellow pickups that they have been synonymous with for decades. I would argue that those pickups are usually identified as DiMarzio brand..and if Gibson has used a similar color/pattern in any of their instruments, through all of their holdings and brands...
 
Wolfetone “assembled” for me some double cream Marshallheads a long time ago. I was living local to him at the time and pickups were payment for wiring some Ethernet in his house. He just said he can‘t acknowledge he made them and wouldn’t offer the same for sale on his site. They look bitchin’ in my red V though 😉
 
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Wow, completely out of character for Gibson's legal team to sue over something so minor. This must be Joe Bonamassa's doing.
 
Mr. Willy said:
Guess DiMarzio didn’t “play authentic.”

This is petty.
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It's not petty. Well, DiMarzio's yrademarks are. But the lawsuit isn't. This is a long time coming.

DiMarzio holds an unfair competitive advantage over other winders, not just Gibson, because they have the double cream trademark. A trademark they hold despite never having played a part in the original design, manfacture or release of the product.

The trademark frames the color as being akin to a logo, but nobody wants a double cream pickup because it denotes the revered brand that is DiMarzio, they buy it because they like the color. So the trademark is bullshit, and everyone from big guys like Gibson and Seymour Duncan to small winders are barred from competing against DiMarzio for the purchase from someone who wants a double cream pickup.

It's a wrong that needs to be righted. I'm not usually on Gibson's side in trademark disputes, but I am this time.
 
skoora said:
Wolfetone “assembled” for me some double cream Marshallheads a long time ago. I was living local to him at the time and pickups were payment for wiring some Ethernet in his house. He just said he can‘t acknowledge he made them and wouldn’t offer the same for sale on his site. They look bitchin’ in my red V though 😉
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Yeah most smaller guys will do double cream if you ask. I hope Gibson loses--kinda makes it 'special' lol
 
Back in the late 70's when you saw a guitar with the double cream pickup you knew it was a Dimarzio. So I can understand why he wanted to trademark the look.
 
Why wouldn't you just say Humbucker in Cream??
Dumb.
 
How deep are DiMarzio's pockets? Oftentimes, the cost of defending I.P. is a bigger factor than whether the claims have any actual merit.
 
Only Larry gets to say Double Cream. Larry's Luxury Double Cream Pickups. Imagine the con$equence$ for ol' 'Lar if them other pickup guys can get a piece of the action.

 
This is what conglomerates do.. They ruin everything that was good in the beginning. Boogie now sucks, and so does Gibson..
Fuck a stale ass Mark VII with the fake recording outs..
 
scottosan said:
those were actual visual designs by those companies. DiMarzio didn’t invent cream bobbins nor were they the first to use matching bobbins. Cream was an “off the shelf” readily available color option.
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Well, no. Dimarzio was selling replacement pickups, Gibson was not. You could not buy double cream pickups from Gibson when Dimarzio filed their trademark. A lot of people confuse trademarks and patents whenever this subject comes up. Coca cola trademarked a style of bottle, noone else can use it. Car companies trademarked car colors, noone else can use them. Chevy can't use Hemi Orange, and Dodge can't use Hugger Orange. They ARE different shades. McDonald's trademarked a big yellow M, noone else can use it. After holding a trademark for 40+ years I highly doubt Gibson wins this one, same as Fender losing the Strat body style case. They should have sued 40 years ago.
 
midnightlaundry said:
This is what conglomerates do.. They ruin everything that was good in the beginning. Boogie now sucks, and so does Gibson..
Fuck a stale ass Mark VII with the fake recording outs..
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Everything sucks now brother. It sucked before, but it sucks much more now. Tomorrow it will suck even worse. Then after the tomorrow, it will finally stop sucking forever.
 
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