In the world of iconic guitars, a new legal drama is unfolding. The legacy of Ted McCarty, a renowned guitar designer, is at the heart of a heated dispute between two giants in the industry: Gibson and PRS.
The Spark of the Dispute: Gibson’s Theodore Guitar
Gibson, known for its legendary guitars, recently unveiled the ‘Theodore’ guitar, a design based on an undiscovered concept by Ted McCarty found in Gibson’s archives. This move, however, ignited a fiery legal battle. In July 2022, Gibson secured the trademark for ‘Theodore’ in the stringed instruments category. But the peace was short-lived.
The Challenge from PRS and McCarty’s Estate
By September 2022, PRS, alongside McCarty’s estate, challenged Gibson’s trademark. They argue that the ‘Theodore’ trademark misleads consumers into believing McCarty’s estate endorsed the guitar. Moreover, they contend that it could be confused with PRS’ own ‘McCarty‘ trademark, a guitar model launched in 1994 as a tribute to Ted McCarty.
Gibson’s Counterclaim: The Silver Sky Nebula Mark
Gibson didn’t just defend; they counterattacked. They petitioned to cancel PRS’ trademark for ‘Silver Sky Nebula,‘ a limited-edition variant of PRS’ Silver Sky guitar. Gibson claims this name clashes with their ‘Silverburst’ trademark, a unique silver finish fading to black around the edges.
The Legal Tango: What’s Next?
As of December 2023, these cases have taken interesting turns. The ‘Silver Sky Nebula’ case is now severed, and treated as a separate legal matter, while the Theodore dispute is set to resume in January 2024.
The outcomes could have significant implications for both companies, potentially affecting their future product lines and marketing strategies.
Implications and Industry Watchers’ Speculations
Despite the limited-edition status of both disputed models, the legal outcomes could set precedents for using legendary names and designs in the guitar industry. Will Gibson have to relinquish ‘Theodore’? Will PRS lose ‘Silver Sky Nebula’? The answers lie ahead, and the guitar world watches with bated breath.
Official Responses: Silence and Anticipation
Attempts to reach PRS and Gibson for comments have been met with silence from PRS and no response from Gibson. This legal battle, brimming with implications for guitar trademarks and branding, continues to capture the attention of guitar enthusiasts and legal experts alike.
One thought on “Gibson vs PRS: Battle Over Theodore Trademark and Silver Sky Saga”
Yet more “rich company” lawsuits (sigh) I’ll be next door… writing and playing.