Heritage sues Gibson

[chico]

https://guitar.com/news/gibson-sued-by-heritage/?utm_source=Guitar.com&utm_campaign=f3f0b6f832-gdc_media_email_nl_breaking_news_20200314&utm_medium=email&utm_term=0_f890f83bb6-f3f0b6f832-49940921

[chico]

Say what you may about "the Plaza era" good/bad, remember, Gibson's new owner is a hedge fund with the ex Levi's CEO taking the orders in the new ownership era there.  

This (fighting back against G) would never have happened without the capitalization of the new Heritage.  

 

Heritage showed the court the document both companies agreed upon 29 years ago, to essentially "live and let live".

[skydog52]

This should be interesting. Thanks Chico.

IMHO nothing will come of this.

Unfortunately once again the only people making money on this is the Lawyers.

[FredZepp]

Excerpts from the Guitar.com article...  Guitar.com article Heritage sues Gibson

Heritage Guitars has launched legal action against Gibson Brands, becoming the latest US guitar company to reveal that they have been threatened with legal action over alleged trademark infringement since Gibson came under new ownership in 2018.

Guitar.com has obtained a redacted legal document filed on 13 March 2020 in the US District Court for the Western District of Michigan Southern Division, which details a previously confidential agreement reached between the two companies in August 1991, effectively giving Heritage Gibson’s blessing to continue making its guitars. The filing seeks “declaratory and injunctive relief” to prevent Gibson from making further legal threats against the brand.

Heritage – which has operated out of Gibson’s original factory at 225 Parsons St in Kalamazoo, Michigan since it was founded by former employees in 1985 – claims that shortly after the company began making guitars, the two companies clashed in both federal and trademark court over the look of its instruments.

In 1991 that litigation was resolved with a confidential agreement that meant that, according to Heritage’s filing, “For the ensuing 29 years, Heritage and Gibson went their separate ways, each selling its own well-known guitars into the market, with no problems or issues.”

However, when Gibson was sold to hedge fund Kohlberg Kravis Roberts (KKR) following its bankruptcy in 2018 – installing a new leadership team led by former Levi’s CEO JC Curleigh at the top of the brand – Heritage’s suit claims that this long “peace” between the two was broken.

In the legal filing, Heritage alleges that Gibson’s attitude to Heritage changed following the arrival of new ownership, stating, “Now Gibson, via KKR, seeks to undo the resolution achieved in 1991 and followed by both parties for 29 years, by claiming phantom breaches of the 1991 settlement by Heritage.

“In February 2019, shortly after KKR took over Gibson, Gibson wrote to Heritage and essentially claimed that Heritage had been violating the Settlement Agreement for decades. Gibson demanded that Heritage essentially cease its business as the only solution that Gibson would accept.”

“None of Gibson’s evolving legal theories have merit,” the filing reads. “Heritage remains, and has always been, in full compliance with the Settlement Agreement. Nevertheless, to resolve the uncertainty created by Gibson’s threats and allegations, Heritage has been left with no choice but to file this action.”

 

 

[deytookerjaabs]

The big G could "live and let live" when Heritage's focus was a diverse line up. Now that it's basically all ES's and the single cuts big G can't resist the urge to IP troll where it doesn't even have merit. 

 

I always try to separate what the company/place does from appreciating an actual guitar but, seriously, what a bunch of losers at the helm of Gibson. 

 

 

[FredZepp]

statement from Heritage...

[deytookerjaabs]

Here is the Gibson CEO, from the article:

 

Quote

 “We inherited, from the previous owners, a legacy of confrontation and litigation, which we have essentially now been putting to bed. There are literally just one or two situations that we haven’t been able to resolve amicably, and not because of a lack of intention on our side. But everything else, why not collaborate with those who are doing really cool things?”

 

The first PR move Gibson made after the takeover was the "Play Authentic" video threatening pretty much everyone and anyone!!!

 

This is a masterclass in how you can talk out your mouth and your *** at the exact same time..while sleeping just fine at night, I guess the money soothes the soul. 

[TalismanRich]

I don't think Gibson never considered Heritage much of a rival.  As long as they had limited distribution, and were only selling about the same number of guitars yearly as Gibson puts out in a couple of day, there was no "threat"

Now that they are in MF, Sweetwater and other "major" outlets, it could affect their market. 

Too bad, so sad.  They made their agreement.  They'll lose this round too.   Before you know it, they'll lose all their "trademark" protection except for the headstock, just like Fender.

[AP515]

It would be funny if it wasn't so sad.  What Gibson was, and could have been - and what is now left...

[tsp17]

Over the last few years, corporate IP infringement cases have skyrocketed as a new enterprise "profit center" in addition to a traditional method to intimidate smaller competitors.  Possible that G sees an opportunity to hold Heritage hostage for some ransom and cash flow as well as a deterrent to Heritage's emerging and more public market position.  I'm glad to see Heritage stand its ground.  

[Genericmusic]

What a bunch of  Gibson they can my We had a saying in Kalamazoo after the company left. If it wasn't made in Kalamazoo it's just a cheap imitation. 

[Gianluca]

that's really sad
2020 and these things are still happening, it's so backward

[zguitar71]

Well this is a great thing to sink my head into instead of that other thing. I say GO HERITAGE GO! I hoped that the new Gibson would be different but they seem to be going harder into being who they are than ever. I was pissed when they targeted Kestrel Guitars over the “V.” I applaud Heritage for meeting them in the alley with a baseball bat. I will probably never buy any Gibson other than a Vintage one but really I cannot afford them either so that is out. This also makes me want to focus on a new Heritage even more as the guitar to but if I’m in the market. The new Heritage owners have big money behind them. I hope they do not care about the economics of the lawsuit and go for it to win regardless of cost. 

[FredZepp]

A headline about Heritage that we would not have guessed we'd see... 

EXCLUSIVE: GIBSON SUED BY HERITAGE OVER FRESH TRADEMARK THREATS

[stormymonday]

I'm really disappointing with Gibson.  I guess having the new management wear leather jackets will make this kind of crap look cool.  Bah!

[Spectrum13]

New business model, if you can't hit your profit goal sue and extort legal fees and fines. One way to eliminate the competition without improving your products. 

There needs to be a new square on Monopoly along with cards in the community chest. 

[High Flying Bird]

12 hours ago, chico said:

Heritage showed the court the document both companies agreed upon 29 years ago, to essentially "live and let live".

That should be all there is to it. 

[Gitfiddler]

To me it looks like this Heritage 'lawsuit' is a declaratory relief action seeking a judicial ruling that they (Heritage) has not violated the 1991 Gibson vs. Heritage settlement agreement or infringed on Gibson’s trademarks.  Based on the documented history of both parties, one would hope that the court rules on behalf of Heritage. 

[chico]

Gibson responds..

 

https://guitar.com/news/gibson-issues-formal-response-to-heritage-lawsuit/?fbclid=IwAR0RhHt4cIVOVn6nYX7rtlgC8N6LFR_glmIGSCVUdbJlWBTryVqmkLranY0

 

 

[deytookerjaabs]

1 hour ago, chico said:

Gibson responds..

 

https://guitar.com/news/gibson-issues-formal-response-to-heritage-lawsuit/?fbclid=IwAR0RhHt4cIVOVn6nYX7rtlgC8N6LFR_glmIGSCVUdbJlWBTryVqmkLranY0

 

 

Quote

Recently, Heritage launched some new guitars that clearly did not respect, nor adhere to, the original contract. In fact, several customers had inquired if they were actually Gibson Guitars. Heritage Guitars also took the liberty of using language on their website that was misleading and misrepresenting, which added to the confusion.

 

Sir, we have a problem!

What's that??

Sir, it's our full of **** meter, it's in the red and it's about to blow!!

[TalismanRich]

“Recently, Heritage launched some new guitars that clearly did not respect, nor adhere to, the original contract. In fact, several customers had inquired if they were actually Gibson Guitars."

What new guitars have Heritage introduced?   If anything, they are just making more of a fewer select models.   Those models have been in production for years.

[bobmeyrick]

25 minutes ago, TalismanRich said:

“ In fact, several customers had inquired if they were actually Gibson Guitars."

They weren't put off by the so-called "ugly" headstock? ?

[LK155]

1 hour ago, TalismanRich said:

“Recently, Heritage launched some new guitars that clearly did not respect, nor adhere to, the original contract. In fact, several customers had inquired if they were actually Gibson Guitars."

What new guitars have Heritage introduced?   If anything, they are just making more of a fewer select models.   Those models have been in production for years.

Might this refer to the Harmony line?  We'll likely never know the answers until the 1991 confidential agreement becomes not-so-confidential.

 

[funkapus]

Whatever Gibson is saying, I'm sure the real motivation is that Heritages are now being carried by the the big stores.

Screw them.

[Gitfiddler]

44 minutes ago, funkapus said:

Whatever Gibson is saying, I'm sure the real motivation is that Heritages are now being carried by the the big stores.

Screw them.

This!!