Fight Over Gibson’s ‘Theodore’ Guitar Mark Spills Into New Case

Two entities trying to cancel Gibson Brands Inc.'s “Theodore” guitar trademark registration convinced a tribunal to force Gibson to counter-attack a wholly different trademark in a separate proceeding in a precedential ruling clarifying when claims can be severed.

The estate of Theodore M. McCarty argues the rare “Theodore"brand falsely suggests the late guitar designer was connected to Gibson after he left the company in 1966, in a petition to the Trademark Trial and Appeal Board. Paul Reed Smith Guitars says Gibson’s mark would confuse consumers given its own registered “McCarty” mark. Gibson counterclaimed that PRS’s “Silver Sky Nebula” registration confuses ...