Re: Gibson Must Now Face Antitrust Litigation in Heritage Case
When Takamine guitars first hit America, they were stone copies of Martins, down to the typeface of the headstock decals. After a few years they became more distinctive, and now they no longer look like copies. I didn't hear of any Martin lawsuits against Takamine or their importers.
I'd guess that once an instrument line gets established, the makers don't feel as much need to clone existing respected instrument models. However, F-model mandolins are one area where there seems to be less variation. Most modern makers have deviated little from the pattern Gibson established a century ago. We see subtle -- and not-so-subtle -- departures from the basic form. Some of these are introduced just to save production costs; others (Rigel, Giacomel etc.) seem to be attempts to establish an independent form, that's clearly derived from the traditional F-model but shows significant variance. These makers would say "improvement," but it's not clear the market agrees with that.
One way to look at the issue is to say that the old-line manufacturers shouldn't worry if an upstart wants to make a "clone" instrument -- but aimed at a market niche the old-liner doesn't fill. These could be, for example, inexpensive starter instruments that resemble established lines: beginners buy $250 "Les Pauls," and once they have progressed and "raised their sights," buy a real Les Paul as second or third instrument. The "cheapos" act as a "farm system" for the "major league" manufacturers, in that perspective.
Could be the case with F-5's; the Rogue or Rover leads eventually to a Collings, Weber or Gibson. But allowing imitation, as Gibson has done for over a century with the F-model mandolin, precludes Gibson limiting use of its silhouette to entry level mandolins. Collings and Weber, to say nothing of import manufacturers and individual luthiers, build F's that compete directly with Gibson at G's preferred price points. Not a "farm system," but a competitive "major league."
Nothing Gibson can do about it now. They've tolerated "cloning" of the F-model for too long to seek legal recourse. But it's interesting that they'll sue over the shape of a truss rod cover, and not over the complete concession of Orville G's design, to "public domain" status. As long as you don't stick "Gibson" insignia on them, you can build as many "F-5's" as you please.
Allen Hopkins
Gibsn: '54 F5 3pt F2 A-N Custm K1 m'cello
Natl Triolian Dobro mando
Victoria b-back Merrill alumnm b-back
H-O mandolinetto
Stradolin Vega banjolin
Sobell'dola Washburn b-back'dola
Eastmn: 615'dola 805 m'cello
Flatiron 3K OM
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