In late May, Nashville-based Gibson filed suit in the Middle District of Tennessee against Japanese guitar maker Tokai, claiming its "Love Rock" model is a Les Paul look-alike. Gibson also claims that other models in Tokai's line steal designs of its copyrighted guitars, court records show.

Gibson contends it learned that Tokai had a deal with an American distributor and a handful of dealers. It also has tried to stop Tokai's sales of knockoffs in Japan, Canada and Europe since 2000.

The Gibson suit also names as defendants New Jersey-based Godlyke Distributing Inc., The Guitar Cellar of Lexington, Ky., and Musictoyz.com of Maine.

And Gibson it is still waging a long-running legal battle with Paul Reed Smith, a highly regarded guitar manufacturer based in Stevensville, Md.

Tokai, Godlyke or the Guitar Cellar could not be reached for comment. Ted Rausch of Musictoyz declined to answer questions about the suit.

Gibson's rivals acknowledge that the solid-body Les Paul electric guitar unveiled in 1952 was transcendent. It is "the flagship of flagships," said one.

Some of the world's most influential rock n' rollers wield it, and millions have been sold to those who crave its singular, curvaceous allure. For decades other manufacturers have offered instruments that have veered close to being outright copies.

The Les Paul was not manufactured by Gibson during most of the 1960s, and the company did not apply for trademark registration until 1987. By then, other manufacturers were using the shape that defined the Les Paul look.

In 2000, Paul Reed Smith introduced the Singlecut, a model it says it created to satisfy dealers who loved the Les Paul but did not like Gibson. U.S. District Court Judge William J. Haynes granted summary judgment to Gibson earlier this year.

Paul Reed Smith has indicated it might appeal, but the case is headed for a scheduled July trial to determine damages.

Haynes' decision is reverberating through the guitar world, one that simultaneously acknowledges the legendary status of the Les Paul and instrument makers' centuries-old practice of borrowing elements of the most successful designs, trademarked or not.

Looks matter when it comes to guitars.

"You need cosmetics to it, and so it is an issue that has disproportionate significance for the guitar business," said Brian Majeski, editor of Music Trades magazine. "A guitar is a very visible, and if you take a look at a lot of other instruments - I mean every violin you buy to today is in effect a copy of a Stradivarius."

Gibson charges in its Paul Reed Smith and Tokai lawsuits that the defendants manufacture instruments that unlawfully mimic the distinctive features and "trade dress" of guitars such as the Les Paul.

In its countersuit, Paul Reed Smith argues that its Singlecut is distinct from the Les Paul, pointing out features such as a different cutaway, colors, and vertical rather than horizontal logo. It also noted that during most of the 1960s, Gibson did not make a Les Paul, giving other manufacturers the opportunity to adopt its design.

The dispute centers on the legal question of whether a customer is confused by the alleged knockoff. Haynes noted that at first glance, several experienced buyers initially mistook the Singlecut for the Les Paul.

"Given the striking similarity of the PRS Singlecut to Gibson's Les Paul and the instant market recognition of Gibson's Les Paul, the Court, concludes that initial confusion would occur in the marketplace between parties' products as to the 'Singlecut' guitar's source. This factor favors Gibson," Haynes wrote.

PRS knew it was imitating Les Paul, Haynes found as he issued a summary judgment in Gibson's favor.

Some contend that Gibson's designs have already passed near the realm of public domain, the way drivers are used to having the gearshift on the right and the light switch on the left.

"The guys at Gibson sit there, and they realize that their trademark is the most important thing that they have," said Majeski. "It's more important than a factory in Nashville. That's it. That's what makes them special. That gives them a reason to exist. And so they're very determined to protect it. I think that this is not an attitude that was shared by previous regimes."

source

http://www.phillyburbs.com/pb-dyn/news/104-06072004-312522.html

most electric guitars are basicaly a les paul or fender copy. (I like fender myself). So is gibson and fender going to have monopolys on making electric guitars? Would Martin hold the rights to the basic acoustic guitar model?

They really should stick to making instruments.

The PRS singlecut looks nothing like the Les Paul except for a single cutaway and humbuckers. I am not familiar with Tokai guitars, but this seems totally idiotic. I hope Fender never decides to sue companies who make Jazz style basses like Sadowsky or Modulus, which are superior to Fenders anyway.

Hmmm ... Maybe Fender should follow the trend and sue every company who makes Strat copies (Bigsound, Kingsound, J&D, Legend, Encore and many, many more). The Stratocaster is the mostly copied guitar design ever, so Fender would have a nice job suing them all...

Wayshot
Guitarist and proud supporter of local and indie music

I love my Les Paul. And so does my son who's playing it now. It's a 1978 Gibson Les Paul. Epiphone makes a Les Paul, too. My daughter's guitarist has one. It doesn't compare.
Companies can copy the shape, but not always the quality. You get what you pay for. Relax, Les.

Christ, no wonder there's a line to get into law school. Everybody's sue happy. Does Gibson thing that consumers are too stupid to look for the GIBSON logo? Even a blind man can tell a real Paul from a knockoff! They should be flattered by the plethora of imitations! Hell, it could even be an advertising gimmick! You do get what you pay for, and when you're serious, make sure that git says GIBSON!

It seems that companies have made knock offs since i can remember. The diff. is that some are getting pretty good, and gibson and fender in my opinion have let quality slip a little. I am the proud owner of a 89 strat standard, but i have a very good korean copy to. not every one can pay over a grand for a guitar, but you can get a good ax for about $350.

Thank you, SuitablyTwisted.
You definitely added to the point that I was trying to make.

"when you're serious, make sure that git says GIBSON!"

Better git that copyrighted quick twisted, you could make some cash.

You're right Smokingdog. All guitars are,or are copies of Fender, Gibson, or Martin. Didn't George Harrison write a song about suing? I have a 65 Strat & a 67 Les Paul....both great guitars! You can get a very good Strat for around $1000.00 & a very good Les Paul for $3500.00 or so. As a parent, which one would you purchase for your kids? Gibson has been losing sales for years due to their pricing structure. The answer is not suing but bring the price down to a more realistic level. (PRS should heed the same advice). As of yet Fender & Martin are not suing. Is Gibson taking a page out of tha RIAA's playbook?

I play a Les Paul. Made by Ibanez. Gibson, you can bite me. I've played the real thing. I'm happy with mine.

If I really wanted a top-of-the-line guitar, I'd assemble it myself anyway. Always wanted to build a Charvel Strat. On the other hand, I always liked the sound Andy Summers got with his custom tele.

Right on Autodidact, you don't have to spend a lot for a good guitar, I paid $350.00 for my used strat, it sounds great, plays well, and stays in tune, what more do ya need. one of my favorite guitars cost me $100.00 , a johnson acoustic. I use it mostly for delta blues type slide guitar. With some bronze strings it sounds pretty cool. JJ Cale used a cheap les paul copy and a teisco guitar to record his clasic "Crazy moma" back in 1971. That had some of the best sounding guitar on it you will ever hear. A lot of the old blues men in the 50's, 60's and 70's used cheap copy guitars . But I do have to admit, as soon as I win the lottery I will probaly get me a PRS.

Gibson's going down fast. The company now uses litigation as a business tool, their products are overpriced, ($4800 SRP on a LP Custom) and in the day of the great $1000 guitar, way over-rated. They're stiff-collared MBA's that head the company. (Just go to http://www.gibson.com/AboutUs/ and look at the picture of Dave Berryman. Looks like he's drank a few too many Starbucks Triples) They're out of touch with the player (except for those great little cheap Chinese Epiphone Valve series amps, IMHO) and only concerned with the 'bottom line'. They're hostile towards their distributors and think they can continue 'floating along' on their 'prestigious' (gag) Gibson name alone. How can you trademark a shape? Ludicrous. Who knows, they might recover a bit when Les Paul finally kicks it.
Hey- I found a leaf in the shape of a Les Paul. Do you think I'm next on their sue list?