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Gibson accuses Jam of infringing three guitar trademarks

Laura  Barnes
Gibson accuses Jam of infringing three guitar trademarks

Gibson has accused Jam Industries USA of infringing three of its guitar trademarks and is seeking $1 million per counterfeit mark, injunctive relief, punitive damages, destruction of infringing goods, and a jury trial.

WIPR reported that, in a claim filed on Wednesday, August 2nd, Gibson alleged that Jam had infringed the marks through the sale of its Hamer-branded guitars, including the ‘Explorer body shape design’ mark, the ‘Flying V body shape design’ mark, and the ‘Kramer peghead design’ mark.

According to Gibson, the trademark’s use breaches licences signed by Jam’s predecessor, Kaman Music, in 1996. Jam purchased Kaman in 2015.

The licences, which authorised the production of no more than 1,000 Hamer electric guitars using the ‘Explorer’ and ‘Flying V’ marks, stated that after their expiration, the licensee would stop using the marks on Hamer guitars. Both licences expired in April this year.
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“Gibson has spent millions of dollars in the advertising and promotion of the Gibson trademarks, which have been used in conjunction with various Gibson stringed instruments,” said the claim.

Gibson stated that Jam has claimed its “unauthorised products are made directly by Gibson” or that the use of Gibson’s trademarks are authorised or licensed.

In July this year, Gibson sent Jam a cease-and-desist letter outlining the infringement, the suit said.

It added that before commencing this lawsuit, Gibson communicated with Jam’s counsel in an attempt to resolve the matter without needing to bring the lawsuit, but Jam continued to infringe.

This isn’t the first time Gibson has taken a rival brand to court over trademark issues.

Back in March, the guitar maker announced that it had successfully settled a legal dispute with JHS, confirming the exclusive rights to various trademarked body and headstock designs, including its iconic ES, SG, Flying V and Explorer guitar models.

As part of the agreement, JHS acknowledges Gibson’s exclusive rights to these products and designs after being sued for trademark infringement.

Tags: Gibson , jam , hamer , jam industries , trademarks , flying V

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