PRS Guitars has announced the withdrawal of its objection to Gibson’s registration of the “Theodore” trademark, concluding a contentious legal dispute that began in 2022.
The conflict started when Gibson introduced its Theodore guitar model, claiming it was based on an unused design by legendary guitar innovator Ted McCarty. Gibson received the trademark for “Theodore” in relation to stringed instruments in July 2022 shortly after the launch. This move prompted PRS Guitars and Ted McCarty’s estate to file a petition in September 2022 to cancel the trademark.
The initial petition raised two primary concerns. First, it argued that the “Theodore” mark could mislead consumers into believing McCarty’s estate had officially sanctioned the guitar. Second, it claimed potential confusion with PRS’s existing “McCarty” trademark, used for a guitar model launched in 1994.
The legal battle saw several exchanges, with Gibson filing for dismissal and both parties presenting their cases over months. The dispute also led to a separate case involving PRS’s “Silver Sky Nebula” mark, which Gibson alleged conflicted with its Silverburst mark.
Recently, PRS Guitars decided to withdraw its objection to the “Theodore” trademark registration. While specific reasons for this decision remain undisclosed, PRS emphasized its continued connection to Ted McCarty and his family, as reported by Music Inc.
PRS also expressed its intention to focus on its core business of crafting instruments rather than engaging in prolonged legal battles. As part of this resolution, Gibson agreed to withdraw its objections to PRS’s “594” and “Silver Sky Nebula” trademarks and trademark applications.
“While this agreement may not preclude Gibson from releasing future products under the ‘Theodore’ trademark, PRS will focus on honoring Ted McCarty with innovations and instruments that reflect positively on his legacy,” said PRS Guitars’ COO Jack Higginbotham.
Meanwhile, the McCarty family emphasized that the withdrawal does not equate to an approval of Gibson’s actions. Sue Davis, Ted’s only surviving child, stated, “Our decision not to fight an expensive battle does not mean that the McCarty family appreciates Gibson’s conduct.”
She added that Gibson had not contacted the family for permission to use her father’s name in promoting their products — and even if they had, the answer would have been a ‘no.’
“I would strongly prefer that Gibson respect the family’s wishes and stop using my father’s name as a trademark in promoting products—products that to my knowledge he never approved of for production,” Davis stated.
She also reaffirmed the McCarty family’s close ties with PRS Guitars: “We look forward to continuing the relationship with PRS and its well-regarded McCarty branded products.”
Gibson responded to Guitar.com with a statement: “Ted McCarty was the President of Gibson from 1950 through 1966, he was a legend and was at Gibson for almost two decades. At the height of his creative output at Gibson, around 1957 Ted officially designed the Theodore guitar and Gibson owns this trademark. Gibson believed it would be received in a positive way as we have been honoring the legacy of our President during that time.
“The estate nor PRS has any rights to the trademark Theodore. They have never filed for protection of this mark and do not own a registration. Gibson reached out to the estate to collaborate when they showed an interest in the Gibson Theodore trademark.”
