Who says the big guys always win?
A UDRP that was filed by Gibson Brands, Inc. against the Chinese registrants of the domain EpiphoneAmps.com, was denied.
The musical instrument monolith uses the brand “Epiphone” since 1939 and operates Epiphone.com since 1995.
The Respondent manufactures electronic amplifiers in China, where it has a trademark for Epiphone Amps since 2009.
According to the panelist’s findings, Gibson’s brand is about musical instruments, not electronic amplifiers:
“The Website is an English language website that promotes and offers for sale electronic amplifiers. It does not promote or offer for sale musical instruments. Although there is a somewhat obscure posting on the Website apparently dated October 18, 2009 entitled “2009 MUSIC CHINA”, it is apparent from the content of the Website that it is not targeting businesses or consumers in China, but is apparently seeking potential business partners or customers elsewhere.”
That statement is followed by the bomb of a Reverse Domain Name Hijacking finding in this case:
“It is also noteworthy that Complainant’s website at its domain <ephiphone.com> promotes and offers for sale an impressive array of acoustic and electric guitars and other stringed instruments and accessories, but only one amplifier product (under the heading “Amplifiers”) – described as a “75th Anniversary Century Amplifier”. It would appear therefore that, at present, Complainant’s main use of the Trademark is in respect of stringed musical instruments, and that its current use of the Trademark in relation to amplifiers is limited.”
For the full text of the UDRP for the domain EpiphoneAmps.com click here. Or listen to some cool tunes on an Epiphone guitar.
This system is NUTS. The arbitrator even acknowledged Gibson sells amps on their site???? The one time I think the “big” company was screwed. There is no way that should have been an rdnh. They should have received that name. Crazy times.
Agree with Steve. Wrong decision here and perhaps some confusion in the reporting.
I’m a guitarist myself. Epiphone is a subsidiary of Gibson and although Gibson don’t make many guitar amps under the Gibson brand they do make several under the Epiphone brand.
I don’t know what the hell the registrant is doing with the site on EpiphoneAmps.com but the products displayed are definitely from the Gibson stable of brands. Very strange decision indeed.
Leon – The reporting quoted the findings of the Panelist, who noted that Gibson/Epiphone make 1 amplifier. So here it is: http://www.epiphone.com/Products/Amplifiers.aspx
At least Gibson has the chance to go to Federal Court over this.
Edit: Having said that, I think it’s bizarre that the EpiphoneAmps web site is using the Epiphone logo. Their site was offline when I wrote the article and saw none of that.
DG – Guess you can’t argue with that, but a quick Google image search would suggest that, although they might only have one amp within their CURRENT range, they’ve had many before.
https://www.google.co.uk/search?q=epiphone+amplifiers&source=lnms&tbm=isch&sa=X&ei=CsQAVfmDHcXtUvmogagE&ved=0CAgQ_AUoAg&biw=1366&bih=673
Some of which were still available for purchase until fairly recently. Just a complete headscratcher for me, though admittedly I could be missing some nuance of the corporate relationship between Epiphone/Gibson.
Leon – You are right, here’s the actual page from 2005 or so http://www.epiphone.com/News-Features/News/2005/Epiphone-E-Series-Amplifiers-Hit-The-Street-With-V.aspx