Someone with Gibson emailed me about my craigslist ad

[Slickone]

The title says "like a Gibson ___" or something to that effect, and names a certain Gibson model. I've had the ad up for quite awhile and have had others like it before, but today I got an email from someone claiming to work at Gibson in 'Loss Prevention and Security' asking me to remove the Gibson name, and says the comparison is inaccurate and false advertising. Can Gibson legally do anything to someone over a simple classified ad to sell something? I know they're greedy bastards now, going after PRS with their single cutaway, and from what I've been told not too long ago Gibson switched to only selling their guitars for list price and only in select stores now. But if you google 'craigslist like gibson', there are other similar ads. And personally I think my ad is not false advertising and not advertising at all, and I think my ad is an accurate comparison. It is "like" a Gibson. I didn't say it "is" a Gibson. I think to them the only way a guitar would be "like" a Gibson is if it is a Gibson. Anyway, I know they went after PRS, but can they go after craigslist ads?

 

[BillGates]

Don't post your name or number or email, and don't reply to their email. What can they do?

 

[Vette73]

Ignore them and leave it up. I doubt they sue you unless you are making something on a large scale.

 

[paulxcook]

Originally posted by: BillGates
Don't post your name or number or email, and don't reply to their email. What can they do?

 

[Lorax]

lame, just like the time i had a post on ebay that said "like new" and they canceled my auction.

 

[aphex]

Originally posted by: Lorax
lame, just like the time i had a post on ebay that said "like new" and they canceled my auction.

Agreed, What makes it even stranger is that eBay is always up in arms about using the phrase 'Like New', but somehow its perfectly acceptable (even encouraged) on its other site; Half.com

 

[RightIsWrong]

Originally posted by: Slickone
The title says "like a Gibson ___" or something to that effect, and names a certain Gibson model. I've had the ad up for quite awhile and have had others like it, but today I got an email from someone claiming to work at Gibson in 'Loss Prevention and Security' asking me to remove the Gibson name, and says the comparison is inaccurate and false advertising. Can Gibson legally do anything to someone over a simple classified ad to sell something? I know they're greedy bastards now, going after PRS with their single cutaway, and from what I've been told not too long ago switched to only selling their guitars now for list price only in select stores now. But if you google craigslist like gibson there are other similar ads. And personally I think my ad is not false advertising and not advertising at all, and I think my ad is an accurate comparison. It is "like" a Gibson. I didn't say it "is" a Gibson. I think to them the only way a guitar would be "like" a Gibson is if it is a Gibson. Anyway, I know they went after PRS, but can they go after craigslist ads?

I would think that they have a legal right to go after you if you were violating their copyrighted material. By simply claiming that something is "like" another product without using any materials that are actually registered to them (like a picture of one of their products) I would think that you are safe.

But I could be wrong so you might want to dig a little deeper.

 

[kranky]

I think it's perfectly legal to say "like a Gibson".

 

[rockyct]

My guess is that if the ad could have been taken down by them going to Craigslist, they would have already done so. They are probably bluffing. Ignore it and see what happens. Just make sure that the ad is clear that you aren't actually selling a guitar by Gibson.

 

[jonks]

Post the full email here, I'd like to see it. You can X out your email or their contact info if you like.

 

[Mermaidman]

Just to cover your ass, remove the ad, but start another one with the same title shortly thereafter.

My concern is that eBay will eventually impose stringent restrictions on Craigslist.

 

[Leros]

Originally posted by: Mermaidman
Just to cover your ass, remove the ad, but start another one with the same title shortly thereafter.

My concern is that eBay will eventually impose stringent restrictions on Craigslist.

eBay owns craigslist?

 

[RightIsWrong]

Originally posted by: Leros

Originally posted by: Mermaidman
Just to cover your ass, remove the ad, but start another one with the same title shortly thereafter.

My concern is that eBay will eventually impose stringent restrictions on Craigslist.

eBay owns craigslist?

No. But they bought a pretty big slice of it about a couple years ago.

Online classifieds and community site Craigslist has picked up a very high-profile investor, eBay, which has taken a 25 percent ownership interest in the smaller firm. Ebay bought out an existing shareholder who had once been a Craigslist employee. Financial terms weren't disclosed.

The relationship, the companies said, will allow eBay and Craigslist to "share expertise, resources, and creativity." Specifically, Craigslist, in a posting on its site, said it could learn from eBay about "trust and safety issues, user feedback systems, and operating internationally".

 

[slag]

eBay owns a 25% share but Craig still has ownership.

 

[alkemyst]

Originally posted by: BillGates
Don't post your name or number or email, and don't reply to their email. What can they do?

flag the ad repeatedly.

 

[Safeway]

One person flagging is useless. Also, don't you have to have an account to flag?

 

[Platypus]

If it's a les paul copy just say 'LP style' guitar... they don't own any trademarks over 'LP'

gibson won't do shit to you but if you're worried about it then just do that.

 

[NL5]

I may be wrong, but Gibson is trademarked, and they have control over the use of the name for advertising.


It's silly for them to go after someone on CL though.

 

[paulxcook]

It sucks that ebay is involved with CL in any way.

 

[Safeway]

Originally posted by: NL5
I may be wrong, but Gibson is trademarked, and they have control over the use of the name for advertising.

It's silly for them to go after someone on CL though.

True, but you can use the name when selling something. That's like selling a Honda Accord and comparing it to a Toyota Camry in the post.

Edit: Car companies do it all the time. Cheaper than a Lexus, better than a Hyundai, etc.

 

[Steve]

I thought this was about Steve Gibson of GRC.

 

[Nitemare]

ignore it imho

link?

 

[Safeway]

His dDOS recount is amazing.

 

[Slickone]

Originally posted by: sirjonk
Post the full email here, I'd like to see it. You can X out your email or their contact info if you like.

There's really not too much to it. I think a legit warning would have disclaimers in it, or some kind of info about consequences if no action is taken.

Subject: Trademark/ Copyright Infringment

Please remove the Gibson name from your ad on Craigslist. The
comparison is inaccurate and false advertising.

Thank you in advance
Aleece Hendrix
Loss Prevention and Security
Gibson Guitar Corp
309 Plus Park Blvd.
Nashville TN 37217


She also included a 'BTW' and tried to tell me some detail in my ad about the other manufacturer is wrong (which, it's not...they just can't read well).

 

[alkemyst]

Originally posted by: Safeway
One person flagging is useless. Also, don't you have to have an account to flag?

i am sure gibson only has one person working there.

You can flag any CL ad at anytime.