from the did-you-get-one-for-Christmas? dept
Eric Goldman now lets us know that Gibson successfully got an injunction against all the defendants, with the court ordering them to stop selling the toys, just days before Christmas, though the defendants quickly appealed the ruling. The full injunction is embedded below.
When we first posted this story, there was an interesting discussion in the comments. Many people felt that Gibson was definitely in the right here -- as the designs did seem pretty clearly to copy Gibson designs. I still question how much (if any) "harm" this actually does to Gibson, and wondered why Gibson wouldn't just use this as an opportunity to market its own products more -- and maybe even offer upsell opportunities for PaperJamz users.
However, what may have been more interesting were claims in the comments that Gibson's lawyers misidentified a bunch of websites in the initial lawsuit. The lawsuit claimed that Wowwee's own websites acknowledged that the styling was modeled after Gibson's guitars, but apparently, at least some of those websites may not have actually been Wowwee's at all, but third parties, who were simply pushing people to Amazon affiliates or other sites. If that's the case, it calls into question certain aspects of the rest of Gibson's case as well.