Gibson Guitars Beats Claim Les Paul Shape Has Become Generic

Gibson Brands Inc. won dismissal of claims by Heritage Guitar Inc. that its Les Paul guitar body shape has become generic, after the Western District of Michigan found Heritage waived the right to challenge the trademark in a settlement.

A holding that the shape had become generic would have allowed competitors to copy it.

Heritage also waived the right to challenge Gibson’s trademark for its ES guitar body shape in the 1991 settlement agreement, the court said.

And Gibson didn’t waive its rights to enforce it patents by failing to sue Heritage in the ensuing three decades, the court said. ...