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August 26, 2024

PRS and Ted McCarty household drop “Theodore” trademark dispute Guitar Contact

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PRS Guitars has introduced the withdrawal of its objection to Gibson’s registration of the “Theodore” trademark, marking the tip of a contentious authorized dispute that has been ongoing since 2022.

The battle started when Gibson launched its Theodore guitar mannequin, supposedly based mostly on an unused design by legendary guitar innovator Ted McCarty. Gibson was granted the trademark for “Theodore” in relation to stringed devices in July 2022 shortly after the launch. Nevertheless, this transfer prompted PRS Guitars and Ted McCarty’s property to file a petition in September 2022 to cancel the trademark.

The preliminary petition raised two essential issues. First, it argued that the “Theodore” mark might mislead shoppers into believing that McCarty’s property had formally sanctioned the guitar. Second, it claimed potential confusion with PRS’s current “McCarty” trademark, used for a guitar mannequin launched in 1994.

The authorized battle noticed a number of back-and-forth arguments, with Gibson submitting for dismissal and each events presenting their instances over months. The dispute additionally spawned a separate case involving PRS’s “Silver Sky Nebula” mark, which Gibson alleged conflicted with its Silverburst mark.

In a latest improvement, nevertheless, PRS Guitars has determined to withdraw its objection to the “Theodore” trademark registration. Whereas the precise causes for this resolution haven’t been disclosed, PRS emphasised that it continues to carry pricey its connection to Ted McCarty and his household, Music Inc reviews.

The model additionally said its want to focus its energies on its core enterprise of crafting devices as an alternative of partaking in extended authorized battles. As a part of this decision, Gibson has additionally agreed to withdraw its objections to PRS’s “594” and “Silver Sky Nebula” trademark and trademark purposes.

“Whereas this settlement might not preclude Gibson from releasing future merchandise underneath the “Theodore” trademark, PRS will deal with honouring Ted McCarty with improvements and devices that replicate positively on his legacy,” stated PRS Guitars’ COO Jack Higginbotham.

In the meantime, the McCarty household harassed that the withdrawal doesn’t equate to an approval of Gibson’s actions. Sue Davis, Ted’s solely surviving youngster, stated of the matter: “Our resolution to not struggle an costly battle doesn’t imply that the McCarty household appreciates Gibson’s conduct.”

She added that Gibson had not contacted the household for permission to make use of her father’s identify in selling their merchandise — and that even when that they had, the reply would have been a ‘no’.

“I might strongly want that Gibson respect the household’s needs and cease utilizing my father’s identify as a trademark in selling merchandise— merchandise that to my information he by no means accredited of for manufacturing,” Davis said.

She additionally reaffirmed the McCarty household’s shut ties with PRS Guitars: “We stay up for persevering with the connection with PRS and its well-regarded McCarty branded merchandise.”

Gibson responded to Guitar.com with a press release of their very own, which learn, “Ted McCarty was the President of Gibson from 1950 by means of 1966, he was a legend and was at Gibson for nearly twenty years. On the top of his artistic output at Gibson, round 1957 Ted formally designed the Theodore guitar and Gibson owns this trademark. Gibson believed it could be obtained in a constructive means as we have now been honoring the legacy of our President throughout that point.

“The property nor PRS has any rights to the trademark Theodore. They’ve by no means filed for cover of this mark and don’t personal a registration. Gibson reached out to the property to collaborate once they confirmed an curiosity within the Gibson Theodore trademark.”




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