“Our decision not to fight an expensive battle does not mean that the McCarty family appreciates Gibson’s conduct”: PRS and Ted McCarty family drop “Theodore” trademark dispute
PRS Guitars has announced the withdrawal of its objection to Gibson’s registration of the “Theodore” trademark, marking the end of a contentious legal dispute that has been ongoing since 2022.
The conflict began when Gibson launched its Theodore guitar model, supposedly based on an unused design by legendary guitar innovator Ted McCarty. Gibson was granted the trademark for “Theodore” in relation to stringed instruments in July 2022 shortly after the launch. However, this move prompted PRS Guitars and Ted McCarty’s estate to file a petition in September 2022 to cancel the trademark.
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The initial petition raised two main concerns. First, it argued that the “Theodore” mark could mislead consumers into believing that McCarty’s estate had officially sanctioned the guitar. Second, it claimed potential confusion with PRS’s existing “McCarty” trademark, used for a guitar model launched in 1994.
The legal battle saw several back-and-forth arguments, with Gibson filing for dismissal and both parties presenting their cases over months. The dispute also spawned a separate case involving PRS’s “Silver Sky Nebula” mark, which Gibson alleged conflicted with its Silverburst mark.
In a recent development, however, PRS Guitars has decided to withdraw its objection to the “Theodore” trademark registration. While the specific reasons for this decision have not been disclosed, PRS emphasised that it continues to hold dear its connection to Ted McCarty and his family, Music Inc reports.
The brand also stated its desire to focus its energies on its core business of crafting instruments instead of engaging in prolonged legal battles. As part of this resolution, Gibson has also agreed to withdraw its objections to PRS’s “594” and “Silver Sky Nebula” trademark and trademark applications.
“While this agreement may not preclude Gibson from releasing future products under the “Theodore” trademark, PRS will focus on honouring Ted McCarty with innovations and instruments that reflect positively on his legacy,” said PRS Guitars’ COO Jack Higginbotham.
Meanwhile, the McCarty family stressed that the withdrawal doesn’t equate to an approval of Gibson’s actions. Sue Davis, Ted’s only surviving child, said of the matter: “Our decision not to fight an expensive battle does not mean that the McCarty family appreciates Gibson’s conduct.”
She added that Gibson had not contacted the family for permission to use her father’s name in promoting their products — and that even if they had, the answer would have been a ‘no’.
“I would strongly prefer that Gibson respect the family’s wishes and stop using my father’s name as a trademark in promoting products— products that to my knowledge he never approved of for production,” Davis stated.
She also reaffirmed the McCarty family’s close ties with PRS Guitars: “We look forward to continuing the relationship with PRS and its well-regarded McCarty branded products.”
Guitar.com has reached out to Gibson for comment.
The post “Our decision not to fight an expensive battle does not mean that the McCarty family appreciates Gibson’s conduct”: PRS and Ted McCarty family drop “Theodore” trademark dispute appeared first on Guitar.com | All Things Guitar.
Source: www.guitar-bass.net
