What?....Huh?....Bird Pragiarism?....GRRR!!!

I don't use of the birds is in violation of any law.

Putting them on a white background and mixing them up with dots is clearly in violation of good taste, though...
 
Michael_DK said:
I don't use of the birds is in violation of any law.

Putting them on a white background and mixing them up with dots is clearly in violation of good taste, though...
Click to expand...
If PRS has trademarked the birds (individually or as a collection), then it is something that can be pursued legally. Therefore their use could be ruled in violation of trademark law.
 
shinksma said:
If PRS has trademarked the birds (individually or as a collection), then it is something that can be pursued legally. Therefore their use could be ruled in violation of trademark law.
Click to expand...
Any birds?

Tucan Sam? Tweety bird? Buzzards? Doves? Sparrows?

PRS can trademark "their" birds so the exact profiles cannot be duplicated. But any other birds are fare game (pun slightly intended). The 12th fret bird comes a bit close to the PRS but is ugly, and the 1st fret bird is a huge miss.
 
Well, that's the thing with trademark infringement: if the perceived intent is to confuse or mislead the consumer into thinking the product is associated with the owner of the original trademark, it is an infringement. PRS may have trademarked all of the silhouettes they use on the necks, plus more (like the vulture found on the Walking Dead guitars, and the Eagle, of course), and may have also trademarked a bunch they don't use right now.

Oh, and IANAL: this is just my understanding since there are personal and professional reasons to be aware of trademarks...
 
shinksma said:
Well, that's the thing with trademark infringement: if the perceived intent is to confuse or mislead the consumer into thinking the product is associated with the owner of the original trademark, it is an infringement. PRS may have trademarked all of the silhouettes they use on the necks, plus more (like the vulture found on the Walking Dead guitars, and the Eagle, of course), and may have also trademarked a bunch they don't use right now.

Oh, and IANAL: this is just my understanding since there are personal and professional reasons to be aware of trademarks...
Click to expand...

That was Gibson's exact angle when they sued PRS for the single cut shape and it didn't hold water in court.
 
andross182 said:
That was Gibson's exact angle when they sued PRS for the single cut shape and it didn't hold water in court.
Click to expand...
I concur. Although that ended up being more about the shape of a single-cutaway guitar: as perceived across the room - Initial Pre-sale Confusion; and a music fan seeing a Les Paul shape guitar on stage (even if it is a PRS) and then going out to buy a Les Paul - Post Sale confusion, the latter of which actually benefits Gibson!

This seems to be a good summary.

https://cyber.harvard.edu/people/tfisher/IP/2005_Gibson_Abridged.pdf

Perhaps one or more of the, ahem, lawyers in this forum (because of the stereotype of PRS owners all being doctors and lawyers...) can shine some more lights on the topic.

In the case of PRS birds, if PRS trademarked them early and specific enough, and has pursued potential violators as soon as they became aware of them, they should have a good case for future violations, since it could be argued that use of PRS bird shapes implies some sort of licencing or partnership with PRS.

Anyway, I'm not claiming that these "other" guitars could ever be mistaken for PRSi, so perhaps, as some elements of the above referenced court case stated, the point is moot.
 
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There is a certain brewery that might get a little upset when they see this but as they are not widely known for building guitars maybe they would not have a case?

mvmxzcy5rpgsd7xcgrt3.jpg
 
shinksma said:
I concur. Although that ended up being more about the shape of a single-cutaway guitar: as perceived across the room - Initial Pre-sale Confusion; and a music fan seeing a Les Paul shape guitar on stage (even if it is a PRS) and then going out to buy a Les Paul - Post Sale confusion, the latter of which actually benefits Gibson!

This seems to be a good summary.

https://cyber.harvard.edu/people/tfisher/IP/2005_Gibson_Abridged.pdf

Perhaps one or more of the, ahem, lawyers in this forum (because of the stereotype of PRS owners all being doctors and lawyers...) can shine some more lights on the topic.

In the case of PRS birds, if PRS trademarked them early and specific enough, and has pursued potential violators as soon as they became aware of them, they should have a good case for future violations, since it could be argued that use of PRS bird shapes implies some sort of licencing or partnership with PRS.

Anyway, I'm not claiming that these "other" guitars could ever be mistaken for PRSi, so perhaps, as some elements of the above referenced court case stated, the point is moot.
Click to expand...

Good thing PRS fought that fight so that ESP can sell a ton of LTD Eclipses... :rolleyes:
 
If they bought that thinking it was a PRS they are a special kind of special. Lol
 
That guitar looks like a sad waste of resources in my opinion. Some may like it, but I'll pass.

Goldtop LPC
 
This guy puts out really good looking stuff, but I guess he thought that if he made them modern robot looking birds nobody would notice.


 
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