Heritage Guitar Sues Gibson Over Threats

[Williethump]

Heritage Guitars of Kalamazoo, MI recently sued Gibson over attempts to prevent production of certain guitars of which Gibson claimed ownership of their look.
Via guitar.com's disclosure of a redacted legal filing:
'...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 Guitars...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.'
'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 and installation of new management] Heritage's suit claims that this long "peace" between the two was broken.
Heritage claims:
'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.'

So it looks as though Gibson is both openly and secretly seeking to overturn many decades of instrument production by others in order to boost their own sales. Despite longstanding agreements resolving these conflicts in the distant past. In Heritage's case from 1991 . That's a long time ago, friends.
What's your take on this TBers? Gibson, fair or foul? And will you take action by buying only used Gibsons? Or an Ibanez, Fender or other brand instead of Gibson?
Or do you view Gibson's litigious onslaught as actively defending their brand?

Image via reverb.

 

[vid1900]

Whaaaa?

 

[ajkula66]

I was really hoping that we've seen the end of this nonsense, but I was obviously wrong.

There's no way that Gibson will prevail in court on this one, but the real question is whether The Heritage has the funds to fend these venture capitalist vampires off.

I've never played a Heritage guitar that was anything less than excellent, and have owned a 535 which put a lot of "real' Gibbys to shame. That state of affairs is the biggest problem for both brands, IMO.

While I'm certainly not getting rid of any of my (well-used and bought as such) Gibsons, this action really makes me want to pull a trigger on a (new) Heritage guitar that I've been looking at for a while now. And I doubt that I'll be buying a new Gibson anytime soon - more likely for as long as KKR runs the show - which is a *very* sad state of affairs for someone who considers himself to be a lifelong Gibson player.

Ugh.

 

[Passinwind]

What's your take on this TBers? Gibson, fair or foul? And will you take action by buying only used Gibsons? Or an Ibanez, Fender or other brand instead of Gibson?

I already own a Heritage guitar, albeit one of their rare non-Gibson knockoffs. Realistically, I doubt I'll buy any new instruments from either company though.

 

[lug]

My guitarist has eleventybillion guitars. My favorite is his Heritage H535.

 

[The Owl]

Gibson is jealous because Heritage's quality is far superior to Gibson.

I lost all respect for Gibson because in essence they're too bleeping lazy and stupid to even try improving their quality or making their products affordable to people other than doctors or lawyers. Instead they resort to infantile bullying tactics (by means of lawyers) to remove any competition. Bunch of no good a-holes. That's my take on Gibson anymore. A shame, they actually used to be good.

 

[Rezdog]

Greetings from the North,

The heritage is in that old factory with the employees who made those great instruments in Kalamazoo Michigan. I wish them all the best and hope they keep making Heritage guitars the way they always have. Gibson is now just a corporate brand name.

Rezdog

 

[dramatwist]

...Gibson/KKR are despicable. The last Gibson I owned was a modern-made SG that was "meh." Sold it within a year...

 

[whero]

The only Gibson basses I have ever liked the look of are the Les Paul Triumph and the Thunderbird. I've never seen a real Triumph, only photographs, and the one time I played a Thunderbird I really didn't like it. I can only speak for myself, but if Gibson want me to buy one of their instruments, they should start by designing and building a product I'd be interested in. However, it seems Gibson's venture capitalist owners are not interested in making money from instrument sales, only in the court room.

Taking the information in the original post at face value, Heritage has had an agreement with Gibson for nearly 30 years but Gibson think Heritage has been "violating the settlement agreement". Without knowing the terms of the agreement or the specifics of Gibson's current claim, I can't say who's right and who's wrong. But I can say Gibson's current litigious attitude is not making me any more interested in their guitars.

 

[RocknRay]

My guitar player who has like 60 years experience says Gibson's glory days are long gone & prefers Epiphone electrics. Let's hope the publicity about this grinds KKR's faces into the dirt. Wouldn't you hate to be a lawyer for an arrogant bully corporation like that?

 

[gln1955]

I never played a Gibson bass that I wanted to own. I wouldn't even look at them now.

 

[4sight]

Epiphone have been making better basses than Gibson for years now. The Vintage/Classic Pro T Birds and Embassy basses are really nice.

 

[Mvilmany]

Gibson claimed that the threats that they made not long ago were against counterfeiters, and not legitimate manufacturers. These frivolous and abusive lawsuits show that that is not the case. Also, I am disgusted in how Gibson tries to pass off guitars worth around $600 (and with bad quality control at that) for several thousand dollars.

 

[GIBrat51]

I own two very, very beautiful and well made Gibson T-Birds, but; AFAIC, the ex-Gibson guitar makers that stayed in the Kalamazoo factory and started Heritage? They are the people who have made real Gibson guitars for the last 29 years. And as for all this "let's sue everybody and their Mother" nonsense? KKR and their "Play Authentic" shill can all take a long walk - off a very short pier...

 

[mark roberts]

First, I am not a Fender guy. Played Fenders...expensive Fenders, both relatively current and vintage. They either "felt good" or "sounded good". All of them had dead spots. Some of them didn't hang well on a strap allowing fretting hand non-support of the neck. All of them required constant seasonal adjustments. Rosewood topped or maple topped. Didn't matter. Some or many of you may say to the latter, "so what, all basses need seasonal adjustment". No. They don't. But, the ones that don't are made by talented luthiers with understanding of woods, construction and scales. There are some production/import models with laminated necks that are relatively stable depending on their woods composition and the makeup of their construction. That is what you get with mass production.

So, with all the latter fuel for flaming, you responders...have at it. BTW, my favorite Fender would be the neck on a '51 Precision, possibly a Japan reissue. But, I would have to completely redo the electronics, deal with the dead spot (or see if a headstock weight would "move" the deadening frequency outside of the scale) and employ outboard preamps and basic effects. I like what people call "baseball bat" necks.

 

[gln1955]

First, I am not a Fender guy. Played Fenders...expensive Fenders, both relatively current and vintage. They either "felt good" or "sounded good". All of them had dead spots. Some of them didn't hang well on a strap allowing fretting hand non-support of the neck. All of them required constant seasonal adjustments. Rosewood topped or maple topped. Didn't matter. Some or many of you may say to the latter, "so what, all basses need seasonal adjustment". No. They don't. But, the ones that don't are made by talented luthiers with understanding of woods, construction and scales. There are some production/import models with laminated necks that are relatively stable depending on their woods composition and the makeup of their construction. That is what you get with mass production.

So, with all the latter fuel for flaming, you responders...have at it. BTW, my favorite Fender would be the neck on a '51 Precision, possibly a Japan reissue. But, I would have to completely redo the electronics, deal with the dead spot (or see if a headstock weight would "move" the deadening frequency outside of the scale) and employ outboard preamps and basic effects. I like what people call "baseball bat" necks.

This a Gibson bashing thread.

The Fender bashing thread is two doors down on the left.

 

[Axstar]

Gibson seem to have history, as of late, of going after manufacturers who build instruments in their general likeness but to a higher overall quality.

A bit like Boeing, if you find that you can no longer shite out a half-decent product then go into protection mode and use litigation to obliterate any potential competition.

 

[singlemalt]

A few years ago, Sheldon Dingwall reimagined the thunderbird into the Dbird.

A light weight, ergonomic, non neckdiving, 'bird with a huge range of tones turned out to be a hit. Even won best of show at NAMM a couple years back.

So, of course, Gibson got their knickers in a twist. Whatever.

Here's my Dingwall Dbird in a bitchin colorshifting purple blue finish.

I always liked the idea of a Thunderbird, but hated the feel and sound of the Gibson.

Everything I didn't like has been fixed with the Dbird. It's a great playing, super sounding bass. It has all the benefits of the Dingwall longscale fanned fret design.

Dingwall made some changes, and it's now making the Droc, which improves on upper fret access, yet retains the cool vibe.

I wanted the "lawsuit" model.

Suck it, Gibson.

 

[FRoss6788]

First, I am not a Fender guy. Played Fenders...expensive Fenders, both relatively current and vintage. They either "felt good" or "sounded good". All of them had dead spots. Some of them didn't hang well on a strap allowing fretting hand non-support of the neck. All of them required constant seasonal adjustments. Rosewood topped or maple topped. Didn't matter. Some or many of you may say to the latter, "so what, all basses need seasonal adjustment". No. They don't. But, the ones that don't are made by talented luthiers with understanding of woods, construction and scales. There are some production/import models with laminated necks that are relatively stable depending on their woods composition and the makeup of their construction. That is what you get with mass production.

So, with all the latter fuel for flaming, you responders...have at it. BTW, my favorite Fender would be the neck on a '51 Precision, possibly a Japan reissue. But, I would have to completely redo the electronics, deal with the dead spot (or see if a headstock weight would "move" the deadening frequency outside of the scale) and employ outboard preamps and basic effects. I like what people call "baseball bat" necks.

So much BS here

 

[gwangi]

Gibson seem to have history, as of late, of going after manufacturers who build instruments in their general likeness but to a higher overall quality.

A bit like Boeing, if you find that you can no longer poopiee out a half-decent product then go into protection mode and use litigation to obliterate any potential competition.

Does anybody know if Gibson has gone after ESP/LTD Guitars:

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